DUTCHER v. REORGANIZED PETTIBONE CORP.

No. 94 CV 3021.

193 B.R. 667 (1996)

Brien J. DUTCHER, Plaintiff, v. REORGANIZED PETTIBONE CORPORATION (f/k/a Pettibone Michigan Corporation), Defendant.

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

March 15, 1996.


Attorney(s) appearing for the Case

Peter M. Cordovano, Peter M. Cordovano, P.C., Marlboro, NY, for Plaintiff.

Julie Day Marion, McDermott, Will & Emery, New York City, James R. Pranger, McDermott, Will & Emery, Chicago, IL, for Defendant.


ORDER ACCEPTING REPORT AND RECOMMENDATION

PARKER, District Judge.

In his complaint, Plaintiff Brien Dutcher charges Reorganized Pettibone Corporation (f/k/a Pettibone Michigan Corporation) ("Pettibone") for injuries he sustained while operating a forklift. At issue is Pettibone's First Affirmative Defense which states:

On December 9, 1988, the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, confirmed the Debtor...

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