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IN RE LEVITZ FURNITURE INC.

Bankruptcy Nos. 97-1842(MFW) to 97-1852(MFW). Adversary No. A-00-600(MFW).

267 B.R. 516 (2000)

In re LEVITZ FURNITURE INCORPORATED, et al., Debtor. Levitz Furniture Incorporated, Plaintiff, v. T. Rowe Price Recovery Fund, L.P. and Carl Marks Management Company, L.P., Defendants.

United States Bankruptcy Court, D. Delaware.

June 14, 2000.

Attorney(s) appearing for the Case

Anthony W. Clark, Perham Gorji, Skadden Arps Slate Meagher & Flom, LLP, Wilmington, DE, Sally McDonald Henry, Skadden Arps Slate Meagher & Flom, LLP, New York City, for Plaintiff.

Kevin Gross, Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, DE, Lisa Beckerman, Akin Gump Strauss Hauer & Feld, LLP, New York City, for Official Committee of Unsecured Creditors.

Martin Tully, David Teklits, Eric D. Schwartz, Gregory Werkheiser, Morris Nichols Arsht & Tunnell, Wilmington, DE, Robert Drain, Martin Flumenbaum, Paul Weiss Rifkind Wharton & Garrison, New York City, for Defendants.

John D. McLaughlin, Jr., Maria D. Giannarakis, Philadelphia, PA, Office of United States Trustee.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of Levitz Furniture Corporation ("the Debtor") for Preliminary Injunction seeking to enjoin the prosecution of an action in the Delaware Chancery Court brought by T. Rowe Price Recovery Fund, L.P. and Carl Marks Management Company, L.P. (collectively "the Defendants") against Seaman Furniture Company, Inc. ("Seaman") and certain of its officers...

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