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VIRGINIA ELEC. & POWER CO. v. CALDOR, INC.

No. 96-5096.

117 F.3d 646 (1997)

VIRGINIA ELECTRIC & POWER COMPANY; Jersey Central Power & Light Company; Yankee Gas Services Company; Public Service Electric & Gas Company; Baltimore Gas & Electric Company; Orange & Rockland Utilities Inc.; Niagara Mohawk Power Corp.; and Consolidated Edison Company of New York, Inc., Appellants, v. CALDOR, INC.-NY; The Caldor Corporation; Caldor, Inc.-Cal-Leasing, Inc.; Cal-Silver Spring L.L.C.; Calfax; Lacdor Realty Corp.; Premier Service Programs, Inc.; and Tri-State Advertising Agency, Inc.;, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Paul B. Phinney III, Pearl River, NY, Russell R. Johnson III, Richmond, VA, for Appellants.

Michael J. Crames (Stephen W. Milo, Benjamin Mintz, Kaye, Scholer, Fierman, Hays & Handler, LLP, New York City), for Appellees.

Before: VAN GRAAFEILAND, MESKILL, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

Appellees ("Caldor") filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., on September 18, 1995. Appellants are eight of Caldor's utility suppliers ("Utilities"), who appeal a decision of the United States District Court for the Southern District of New York (Sidney H. Stein, Judge), affirming an order of the United States Bankruptcy Court for the Southern...

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