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PEREIRA v. COGAN

No. 00 Civ. 619(RWS).

265 B.R. 32 (2001)

John S. PEREIRA, as Trustee of Trace International Holdings, Inc. and Trace Foam Sub, Inc., Plaintiff, v. Marshall S. COGAN, Saul S. Sherman, Andrea Farace, Frederick Marcus, Robert H. Nelson, Philip Smith, Karl Winters, Tambra King Defendants.

United States District Court, S.D. New York.

August 1, 2001.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene, & MacRae, L.L.P., New York City, By: John P. Campo, Theodore J. Fischkin, Amy S. Zabetakis, for Plaintiff, of counsel.

Salomon Green & Ostrow, P.C., Attorneys for Defendant Marshall S. Cogan, New York City, By: Chester B. Slomon, Alec P. Ostrow, Nicholas F. Kajon, Walter Benzija, for Defendants, of counsel.

OPINION

SWEET, District Judge.

Defendant Marshall S. Cogan ("Cogan") has moved for an order, pursuant to 28 U.S.C. Section 1292(b), certifying this Court's opinion and order of March 8, 2001 (the "March 2001 Opinion") for interlocutory appeal on the issue of whether under Delaware law the plaintiff John S. Pereira, as Chapter 7 Trustee (the "Trustee") of Trace International Holdings, Inc. ("TIHI") has standing to assert an alter ego claim against...

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