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IN RE PAYROLL EXP. CORP.

No. 95 CIV. 4385(SAS).

216 B.R. 713 (1997)

In re PAYROLL EXPRESS CORPORATION, et al., Debtors. John S. PEREIRA, Esq., as Chapter 11 Trustee of the Estate of Payroll Express Corporation, et al., Plaintiff, v. AETNA CASUALTY & SURETY COMPANY, Federal Insurance Company, Chubb Group of Insurance Companies, and Angus John Roberts, an Underwriter at Lloyd's London, on behalf of himself and all other Lloyd's Underwriters subscribing to Insurance Policy Nos. C92163400F and C92163500F, et al., Defendants.

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

November 13, 1997.

Attorney(s) appearing for the Case

Robert M. Horkovich, Adam Reeves, Catherine Flanders, Anderson, Kill & Olick, P.C., New York City, for Plaintiff John S. Pereira.

William R. Mait, Michael C. Simmons, Mait, Wang & Simmons, New York City, for Defendants Federal Insurance Company and Chubb Group of Insurance Companies.

Arthur N. Lambert, Alan N. Goldberg, Lambert, Weiss & Pisano, New York City, for Defendant Aetna Casualty & Surety Company.

James M. McCullough III, Sedgwick, Detert, Moran & Arnold, New York City, for Defendant London Excess Underwriters.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. Introduction

Plaintiff John S. Pereira, the Chapter 11 Trustee of the Estate of Payroll Express Corporation and Payroll Express Corporation of New York (collectively, "PEC"), filed claims to recover as property of the PEC Estate the proceeds of various employee dishonesty and crime insurance policies issued by defendant insurance companies...

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