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IN RE LEHAL REALTY ASSOCIATES

No. 100, Docket 96-5007.

101 F.3d 272 (1996)

In re LEHAL REALTY ASSOCIATES, Debtor. George LEBOVITS, a principal and equity holder of Lehal Realty Associates, Debtor-Appellant, v. John F. SCHEFFEL, as Trustee of Lehal Realty Associates, Trustee-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 27, 1996.

Attorney(s) appearing for the Case

Harvey S. Barr, Spring Valley, NY (Barr & Rosenbaum, LLP, Elizabeth A. Haas, on the brief), for Debtor-Appellant.

Richard L. Magro, White Plains, NY (Vouté, Lohrfink, Magro and Collins, of counsel), for Trustee-Appellee.

Before: FEINBERG, CARDAMONE and McLAUGHLIN, Circuit Judges.

FEINBERG, Circuit Judge:

George Lebovits, a 75% general partner in debtor Lehal Realty Associates (Lehal), appeals from an order of the United States District Court for the Southern District of New York, Charles L. Brieant, J. The order enjoined the prosecution of a pending action brought by Lebovits and his partner in a New York State court against appellee John F. Scheffel, Esq., the debtor's trustee in bankruptcy, for breach of fiduciary duty. The action had been...

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