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IN RE MCMAHON

No. 97 CIV. 8356 SAS.

236 B.R. 295 (1999)

In re Petition of Anthony James McMAHON and Roger Smith, as Joint Provisional Liquidators of English & American Insurance Company Limited, Debtor in Foreign Proceedings. Anthony James McMahon and Roger Smith, as Scheme Administrators of English & American Insurance Company Limited, Plaintiffs, v. Providence Capitol Enterprises, Inc., Defendant.

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

June 3, 1999.

Attorney(s) appearing for the Case

Gregory M. Petrick, Mary Elizabeth Taylor, Simon C. Roosevelt, Cadwalader, Wickersham & Taft, New York City, for Plaintiffs.

David L. Katsky, Adrienne B. Koch, Judith M. Shampanier, Esanu Katsky Korins & Siger, LLP, New York City, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

This case involves a complicated set of transactions among many inter-related companies. All of the documents at issue are governed by British law. The heart of the dispute concerns whether Defendant Providence Capitol Enterprises, Inc. ("PCE") is discharged from liability under a Guarantee entered into in 1986.

I. Facts

A. 1986 Transactions

English &...

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