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IN RE MINPECO, USA, INC.

Bankruptcy No. 95-B-21373(ASH). Adversary No. 96-5322A.

237 B.R. 12 (1997)

In re MINPECO, USA, INC., Debtor. Petitioning Creditors Of Minpeco USA., Inc., Plaintiffs, v. Swiss Bank Corporation, Defendant.

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

December 19, 1997.

Attorney(s) appearing for the Case

Lisa M. Sheppard, DelBello, Donellan, Weingarten & Tartaglia, LLP, White Plains, NY, Bruce C. Fuchs, Klett, Lieber, Rooney & Schorling, Pittsburgh, PA, for Plaintiffs.

Philip N. Schaeffer, White & Case, New York City, for Defendant.

DECISION GRANTING MOTION FOR SUMMARY JUDGMENT

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

Plaintiffs, three creditors ("Petitioning Creditors") of debtor Minpeco, USA, Inc. ("Minpeco"), filed an involuntary Chapter 7 petition against Minpeco on July 24, 1995. In October 1995 Minpeco consented to the entry of an order for relief under Chapter 11 of the Bankruptcy Code. On November 15, 1996 this Court granted Petitioning Creditors' motion for leave to commence...

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