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IN RE DAWNWOOD PROPERTIES/78

Docket No. 99-5041.

209 F.3d 114 (2000)

In re DAWNWOOD PROPERTIES/78, Debtor. John P. Rooney and Dawnwood Properties/78, Plaintiffs-Appellants, v. Blake Thorson, AIA, as Executor of the Estate of Robert L. Thorson, deceased, and Carson, Lundin & Thorson, P.C., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 7, 2000.

Attorney(s) appearing for the Case

John P. Rooney, New York, NY, for Plaintiffs-Appellants.

Richard E. Signorelli (Joel S. Stern, on the brief), Stern, Levy & Pellegrino, LLP, New York, NY, for Defendants-Appellees.

Before: CABRANES and SOTOMAYOR, Circuit Judges, and TRAGER, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) affirming the dismissal by the Bankruptcy Court (Burton R. Lifland, then Chief Bankruptcy Judge) of an adversary proceeding initiated by a Chapter 11 debtor, Dawnwood Properties ("Dawnwood"), and John P. Rooney, an attorney who owns 95% of Dawnwood's equity and serves as Dawnwood's...

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