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IN RE ELM RIDGE ASSOCIATES v. NATIONAL ELEC. BENEFIT FUND

Docket No. 00-5001.

234 F.3d 114 (2000)

In re ELM RIDGE ASSOCIATES, Elm Ridge Associates, II, Nob Hill Partners III, L.P., Debtors, Ritz-Craft Corporation of PA, Inc., Plaintiff-Appellant, v. National Electric Benefit Fund, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: December 8, 2000.

Attorney(s) appearing for the Case

Gary L. Rubin, Mazur, Carp & Rubin, P.C., New York, NY, for Plaintiff-Appellant.

Mona D. Shapiro, Banks Shapiro & Gettinger, LLP, Mount Kisco, N.Y. (Satterlee Stephens Burke & Burke, LLP, New York, NY, and Thatcher Proffitt & Wood, New York, NY, on the brief), for Defendant-Appellee.

Before: WALKER, Chief Judge, MINER and POOLER, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellant Ritz-Craft Corporation of PA, Inc. ("Ritz-Craft") appeals from a judgment entered in the United States District Court for the Southern District of New York (McMahon, J.) dismissing its action to declare its mechanic's lien superior to the mortgage lien of defendant-appellee National Electric Benefit Fund ("NEBF"). Ritz-Craft and NEBF are creditors of a bankrupt partnership, Nob Hill Partners III, L.P. ("NHP-III"), which...

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