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PETITIONING CREDITORS OF MELON PRODUCE v. BRAUNSTEIN

Nos. 96-1395, 96-1406.

112 F.3d 1232 (1997)

PETITIONING CREDITORS OF MELON PRODUCE, INC., Appellants, v. Joseph BRAUNSTEIN, Trustee, et al., Appellees. MELON PRODUCE, INC., Plaintiff — Appellant, v. Peter KARGER, Defendant—Appellee.

United States Court of Appeals, First Circuit.

Decided May 8, 1997.

Attorney(s) appearing for the Case

Richard L. Blumenthal, with whom Peter L. Zimmerman and Silverman & Kudisch, P.C., Boston, MA, were on brief for appellants.

Alan M. Spiro, with whom Andrew D. Cummings and Friedman & Atherton, Boston, MA, were on brief for appellee Peter Karger.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOYLE, Senior District Judge.

FRANCIS J. BOYLE, Senior District Judge.

In this action, a Bankruptcy Court decision allowed the unsecured claim of a creditor who had obtained a preferential transfer. The petitioning unsecured creditors appealed to the District Court the Bankruptcy Court's ruling that the unsecured creditor's claim should neither be denied nor equitably subordinated. The District Court dismissed the petitioning unsecured creditors' appeal...

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