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ZAHN v. YUCAIPA CAPITAL FUND

C.A. No. 96-684L.

218 B.R. 656 (1998)

Arnold ZAHN, as Trustee of the Almac's Creditor Litigation and Distribution Trust, Plaintiff, v. YUCAIPA CAPITAL FUND, Yucaipa Capital Advisors, Inc., Yucaipa Almac's Partners, L.P., Almac's Partners, L.P., The Yucaipa Companies, Yucaipa Companies, Yucaipa Management Company, Ronald W. Burkle, Joe S. Burkle, Mark A. Resnik, Richard d'Abo, Citicorp Securities Markets, Inc., Citicorp North America, Inc., and Citibank, N.A., Defendants.

United States District Court, D. Rhode Island.

February 24, 1998.

Attorney(s) appearing for the Case

Matthew J. McGowan, Salter, McGowan & Swartz, Inc., Providence, RI, Timothy J. Hurley, Stephen D. Lerner, Raymond W. Lembke, Timothy C. Sullivan, Taft, Stettinius & Hollister, Cincinnati, OH, for Plaintiff.

Matthew F. Medeiros, Medeiros Karmen & Sanford, Inc., Providence, RI, Robert J. Rosenberg, James E. Brandt, Latham & Watkins, New York City, for Yucaipa Defendants.

Joseph V. Cavanagh, Jr., Blish & Cavanagh, Providence, RI, R. Paul Wickes, James R. Warnot, Jr., Richard A. Lingg, Shearman & Sterling, New York City, for Citicorp Defendants.

OPINION AND ORDER

LAGUEUX, Chief Judge.

This case arises from the leveraged buyout ("LBO"), and subsequent petition for reorganization under Chapter 11 of the United States Bankruptcy Code, of Almac's Inc. and Almac's Supermarkets, Inc. (collectively "Almac's"). By this action, Arnold Zahn, as the trustee of the Almac's Creditor Litigation and Distribution Trust (the "Trustee"), seeks to set aside transfers made to the various defendants in connection...

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