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IN RE WHITE METAL ROLLING AND STAMPING CORP.

Bankruptcy No. 94 B 44615(SMB), Adversary No. 96/8544A.

222 B.R. 417 (1998)

In re WHITE METAL ROLLING AND STAMPING CORP., Debtor. Alan NISSELSON, Chapter 7 trustee of the White Metal Rolling and Stamping Corp., Plaintiff, v. DREW INDUSTRIES, INCORPORATED, Leslie-Locke, Inc., Leslie Building Products, Inc. and Kinro, Inc., Defendants.

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

July 14, 1998.

Attorney(s) appearing for the Case

Brauner Baron Rosenzweig & Klein, LLP, New York City, Mel P. Barkan, of counsel, for Plaintiff.

Gilbert, Segall & Young, LLP, New York City, Jeffrey E. Livingston, of counsel, for Defendants.

MEMORANDUM DECISION REGARDING DEFENDANTS' MOTION TO DISMISS

STUART M. BERNSTEIN, Bankruptcy Judge.

At all relevant times, the debtor and all but one of the defendants joined together in filing consolidated federal income tax returns. Prior to bankruptcy, the profitable members of the affiliated group used the debtor's net operating losses ("NOLs") to generate refunds or reduce their tax obligations. The debtor's trustee commenced this adversary proceeding...

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