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HENKELS & McCOY, INC. v. ADOCHIO

No. 97-1170.

138 F.3d 491 (1998)

HENKELS & McCOY, INC. v. Robert ADOCHIO, Ralph Anderson, Robert Bader, Ralph Baruch, John Buck, Alan Goldberg, Fred Green, Leonard C. Green, C. Bruce Johnstone, Herbert Kaufer, Bill Lucas, William Miller, Arthur Rothlein, Edward Rowan, Joseph Scutellaro, Conrad Strudler, Barry Wagenberg, Arthur Wellman, James R. Willing, and Chester Davis. Ralph Anderson, Robert Bader, Ralph Baruch, John Buck, Fred Green, Leonard C. Green, C. Bruce Johnstone, Herbert Kaufer, Bill Lucas, Arthur Rothlein, Edward Rowan, Joseph Scutellaro, Barry Wagenberg, Arthur Wellman, James R. Willing and Chester Davis, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Robert J. Stern, Stradley, Ronon, Stevens & Young, Philadelphia, PA, for Appellee.

Roger B. Kaplan, Wilentz, Goldman & Spitzer, Woodbridge, NJ, for Appellants.

Before: STAPLETON, ALITO, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents an important question pertaining to the obligation of limited partners to return capital contributions distributed to them in violation of their partnership agreement which required that they establish reasonably necessary reserves. The issue is rendered complex by an interrelated maze of corporations and partnerships devised by the limited partners and the general partner in their efforts...

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