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IN RE THE BENNETT FUNDING GROUP, INC.

Bankruptcy No. 96-61376, BAP No. 97-50067, Adversary No. 96-70280A.

220 B.R. 739 (1998)

In re THE BENNETT FUNDING GROUP, INC., Debtor. Richard C. BREEDEN, Trustee, Plaintiff-Appellee, v. L.I. BRIDGE FUND, L.L.C., Defendant-Appellant, European American Bank, Defendant.

United States Bankruptcy Appellate Panel for the Second Circuit.

Decided May 18, 1998.

Attorney(s) appearing for the Case

Ronald M. Terenzi, Berkman, Henoch, Peterson & Peddy, P.C., Garden City, NJ, for L.I. Bridge Fund, L.L.C.

William T. Russell, Jr., Simpson, Thacher & Bartlett, New York City, for Richard C. Breeden.

Before: CONRAD, NINFO and GALLET, JJ.

OPINION

JOHN C. NINFO, II, Judge.

This appeal arises from the October 30, 1997 Memorandum — Decision, Findings of Fact, Conclusions of Law and Order of Chief Bankruptcy Judge Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York (the "Bankruptcy Court Order"). The Order granted Richard C. Breeden, a Chapter 11 Trustee, (the "Trustee") partial summary judgment on his claim that a March 6, 1996 repayment...

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