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IN RE SPIELFOGEL

No. CV 98-5042(ADS).

237 B.R. 555 (1999)

In re Sidney SPIELFOGEL, Debtor. Richard L. Stern, as Chapter 11 Trustee, for the Estate of Sidney Spielfogel, Plaintiff-Appellee, v. Bambu Sales, Inc., Defendant-Appellant.

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

August 18, 1999.

Attorney(s) appearing for the Case

Rivkin, Radler & Kremer, Uniondale, NY, By Scott Y. Stuart, Eileen M. Cohan, Of Counsel, for Plaintiff-Appellee Richard L. Stern, Chapter 11 Trustee.

Morgenthau, Greenes, Goldfarb & Aronauer, P.C., New York City, By Joseph Aronauer, Kenneth S. Yudell, Of Counsel, for Defendant-Appellant Bambu Sales, Inc.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The defendant-appellant Bambu Sales, Inc. ("Bambu") appeals from a decision of United States Bankruptcy Judge Dorothy D.T. Eisenberg dated June 26, 1998, which held that Bambu must pay the debtor's pro rata share of the dividends issued after Bambu had elected to purchase the debtor's shares pursuant to New York Business Corporation Law ("BCL") § 1118...

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