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IN RE SHEA & GOULD

Bankruptcy No. 95 B 45978 (JLG).

214 B.R. 739 (1997)

In re SHEA & GOULD, Debtor.

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

October 24, 1997.

Attorney(s) appearing for the Case

Anderson, Kill & Olick, P.C., New York City, for Ronald L. Durkin.

Jones, Day, Reavis & Pogue, New York City, for Debtor.

Togut, Segal & Segal, New York City, for Creditors' Committee.

Simpson, Thacher & Bartlett, New York City, for The Chase Manhattan Bank.

DECISION ON MOTION OF RONALD L. DURKIN TO DISMISS CHAPTER 11 CASE

JAMES L. GARRITY, Jr., Bankruptcy Judge.

Ronald L. Durkin ("Durkin"), in his capacity as Trustee of the Benchmark Irrevocable Trust (the "Trust"), seeks an order pursuant to § 1112(b) of the Bankruptcy Code dismissing Shea & Gould's ("S & G" or "debtor") chapter 11 case. Debtor, the Official Committee of Unsecured Creditors (the "Committee") and The Chase Manhattan Bank...

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