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IN RE MAZZEO

No. 98-5039.

167 F.3d 139 (1999)

In re Salvatore J. MAZZEO, Debtor. Salvatore J. Mazzeo, Appellant, v. Peter J. Lenhart and the Estate of Paul Lenhart, Appellees.

United States Court of Appeals, Second Circuit.

Decided February 10, 1999.

Attorney(s) appearing for the Case

Joseph J. Haspel, New City, New York (Stein Riso Haspel & Jacobs, New City, New York, on the brief), for Appellant.

Paul Hollender, Staten Island, New York (Corash & Hollender, Staten Island, New York, on the brief), for Appellee.

Before: VAN GRAAFEILAND and KEARSE, Circuit Judges, and WEXLER, District Judge..

Judge VAN GRAAFEILAND concurs, in a separate opinion.

KEARSE, Circuit Judge:

Debtor Salvatore J. Mazzeo, who in November 1996 filed for relief under Chapter 11 of the United States Bankruptcy Code ("Code"), 11 U.S.C. § 1101 et seq. (1994), in the United States Bankruptcy Court for the Eastern District of New York, appeals from a judgment of the district court, Thomas C. Platt, Judge, upholding an order of the bankruptcy court, Dorothy Eisenberg...

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