IN RE RBGSC INVESTMENT CORP.

Bankruptcy No. 99-31799DAS. Adversary No. 99-0892.

244 B.R. 71 (2000)

In re RBGSC INVESTMENT CORP., Debtor. Red Bell Brewing Company and Red Bell Brewery and Pub Company — Headhouse, Inc., Plaintiffs, v. GS Capital, L.P., Bella's Place, Inc., RBGSC Investment Corp., and Nick Sommaripa, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania, Philadelphia Division.

January 20, 2000.


Attorney(s) appearing for the Case

Walter Weir, Jr., Weir & Partners, Philadelphia, PA, for debtors.

Michael T. Farrell, Post & Schell, P.C., Philadelphia, PA, Kevin J. Carey, PA, for Red Bell entities.

Paul B. Maschmeyer, Ciardi, Maschmeyer & Karalis, PC, Philadelphia, PA, for Creditors' Committee.

Kenneth E. Aaron, Buchanan Ingersoll, P.C., Philadelphia, PA, for GS Capital, L.P.

David B. Smith, Philadelphia, PA, for Bella's Place, Inc. and Nick Sommaripa.

George E. Pallas, Cohen, Seglias, Pallas & Greenhall, P.C., Philadelphia, PA, for Debtor in Common Pleas Action.

Jeffrey Meyers, Philadelphia, PA, for Marketplace Redwood, L.P.

Joseph A. Dworetsky, Philadelphia, PA, for Headhouse Retail Associates, L.P.

Joseph DiGiuseppe, Philadelphia, PA, for City of Philadelphia.

Frederic Baker, Philadelphia, PA, Ass't U.S. Trustee.


MEMORANDUM

DAVID A. SCHOLL, Bankruptcy Judge.

On January 7, 2000, the Plaintiffs filed a motion ("the Motion"), presumably pursuant to Federal Rule of Bankruptcy Procedure 9023, incorporating Federal Rule of Civil Procedure 59(c), accurately pointing out that our Opinion presently reported only at 242 B.R. 851 (Bankr.E.D.Pa.2000) ("RBGSC II"), erroneously failed to recognize that the Management Agreement of May...

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