IN RE VICTORY MARKETS, INC.

No. 95-CV-1619.

195 B.R. 9 (1996)

In re VICTORY MARKETS, INC., Debtor.

United States District Court, N.D. New York.

April 11, 1996.


Attorney(s) appearing for the Case

Menter, Rudin & Trivelpiece, P.C. (Jeffrey Dove, of counsel), Syracuse, New York, for debtor.

Hancock & Estabrook, LLP (Stephen Donato, of counsel), Syracuse, New York, for Mellon Bank as Trustee for First Plaza Group Trust.

Kirkland & Ellis (David L. Eaton, of counsel), Chicago, Illinois, for Mellon Bank as Trustee for First Plaza Group Trust.

Office of U.S. Trustee (Kim Lefebvre, Michael Collins, of counsel), Utica, New York, Harter, Secrest & Emery (John R. Weider, of counsel), Rochester, New York, Co-Counsel for Unsecured Creditors Committee.

Coughlin & Gerhart (Henry J. Rode, II, of counsel), Binghamton, New York, for Crowley Foods.


Memorandum-Decision and Order

McAVOY, Chief Judge.

Mellon Bank, Appellant and Trustee for First Plaza Group Trust ("First Plaza"), filed a motion in Bankruptcy Court for an Order pursuant to 11 U.S.C. § 105(a) directing Appellee, the Office of the United States Trustee (the "UST"), to appoint First Plaza as a member of the Official Committee of Unsecured Creditors in the captioned case. After a hearing on the motion...

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