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EASTERN REFRA. CO. INC. v. FORTY EIGHT INSUL. INC.

No. 2061, Docket 97-9604.

157 F.3d 169 (1998)

EASTERN REFRACTORIES CO. INC. Plaintiff-Appellant, v. FORTY EIGHT INSULATIONS INC. Defendant-Appellee, Aycock Inc., Fibrex Inc. and Minnesota Mining & Manufacturing Co. Defendants.

United States Court of Appeals, Second Circuit.

Decided October 7, 1998.

Attorney(s) appearing for the Case

Francis X. Garrity, Montclair, NJ (Rudolph G. Morabito, Garrity, Graham, Favetta & Flinn, on the brief) for Plaintiff-Appellant.

William G. Ballaine, New York City (Noelle M. Kurtin, Landman Corsi Ballaine & Ford P.C., on the brief) for Defendant-Appellee.

Before WINTER, Chief Judge, and WALKER and JACOBS, Circuit Judges.

JACOBS, Circuit Judge.

Eastern Refractories Co. Inc. ("Eastern") appeals from an order of the United States District Court for the Southern District of New York (Conner, J.) dismissing Eastern's lawsuit against Forty Eight Insulations Inc. ("Forty Eight") pursuant to Federal Rule of Civil Procedure 12(b)(4), on the ground that the suit — commenced without leave after Forty Eight had filed for bankruptcy protection — violated the automatic stay...

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