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IN RE PHIPPS

Bankruptcy No. 97-11868 K, Adversary No. 97-1105 K.

217 B.R. 427 (1998)

In re Benjamin C. PHIPPS, Molly L. Phipps, Debtors. IRR SUPPLY CENTERS, INC., Individually and on behalf of all the Lienors, Claimants or Creditors for wages or materials in connection with improvement of certain land and premises herein described, Plaintiff, v. Benjamin C. PHIPPS, Defendant.

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

February 17, 1998.

Attorney(s) appearing for the Case

Melissa A. Tocha, Aaron, Dautch, Sternberg & Lawson, L.L.P., Buffalo, NY, for Plaintiff.

Mark E. Lewis, Williamsville, NY, for Debtors.

DECISION AND ORDER GRANTING SUMMARY JUDGMENT TO THE PLAINTIFF

MICHAEL J. KAPLAN, Bankruptcy Judge.

There is a vast amount of scholarship to the effect that a bankruptcy judge is not bound in Case B by a decision of just one district judge in Case A, if the district has more than one district judge.1 Today, this Court finds that the rule is to the contrary in the Second Circuit, if the...

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