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IN RE AMERICAN PREFERRED PRESCRIPTION, INC.

No. 99 CV 4232(DRH).

266 B.R. 273 (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.

March 20, 2000.

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl, LLP (by Joel Lewittes), New York City, for Appellant.

Jaspan Schlesinger Silverman & Hoffman LLP (by Eugene P. Cimini, Jr.), Garden City, NY, for Appellees.

Meltzer, Lippe, Goldstein & Schlissel, P.C. (by Thomas J. McGowan), Mineola, NY, for Cost Controls, Inc.

MEMORANDUM AND ORDER

HURLEY, District Judge.

Pending before the Court is the appeal of Tracar, S.A. ("Tracar") from a June 28, 1999 Order of the United States Bankruptcy Court for the Eastern District of New York (Eisenberg, B.J.) granting the motion of Kenneth Silverman (the "Trustee") to expunge Tracar's claims. For the reasons that follow, the appeal is granted and the June 28, 1999 Order is reversed. The matter is remanded to the Bankruptcy Court...

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