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IN RE AMERICAN PREFERRED PRESCRIPTION, INC.

No. 99 CV 6108(DRH).

265 B.R. 13 (2000)

In re AMERICAN PREFERRED PRESCRIPTION, INC., Debtor. Tracar, S.A., Appellant, v. Kenneth P. Silverman, as Chapter 11 Trustee for American Preferred Prescription, Inc., et al., Appellees.

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

September 26, 2000.

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl, LLP, New York City, by Joel Lewittes, for appellant.

Silverman Perlstein & Acampora LLP, Garden City, New York, by Eugene P. Cimini, Jr., for Kenneth P. Silverman, Chapter 11 Operating Trustee.

Meltzer, Lippe, Goldstein & Schlissel, P.C., Mineola, New York, by Thomas J. McGowan, for Cost Controls, Inc.

AMENDED MEMORANDUM AND ORDER

HURLEY, District Judge.

Pending before the Court is the appeal of Tracar, S.A. ("Tracar") from an August 25, 1999 Order of the United States Bankruptcy Court for the Eastern District of New York (Eisenberg, B.J.) (the "August 25, 1999 Order"). For the reasons that follow, the August 25, 1999 Order is reversed and pursuant to 28 U.S.C. § 1292, this matter is hereby certified...

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