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IN RE TRECO

No. 99-5074.

240 F.3d 148 (2001)

In re: Alison J. TRECO & David Patrick Hamilton, As Liquidators of Meridien International Bank Limited (In Liquidation), Debtors. The Bank of New York & JCPL Leasing Corp., Appellants, v. Alison J. Treco & David Patrick Hamilton, Liquidators of Meridien International Bank Limited (in Liquidation), Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: February 14, 2001.

Errata filed: March 6, 2001

Attorney(s) appearing for the Case

Richard G. Haddad (Daniel Wallen, Frederick M. Klein, of counsel), Otterbourg, Steindler, Houston & Rosen, P.C., New York, NY, for Appellants.

Melvin A. Brosterman (Michele L. Pahmer, Moshe Sasson, of counsel), Stroock & Stroock & Lavan, New York, NY, for Appellees.

Bruce E. Clark, Sullivan & Cromwell, New York, N.Y. (H. Rodgin Cohen, William L. Farris, Norman R. Nelson, of counsel) submitted a brief for Amicus Curiae The New York Clearing House Association L.L.C.

Before KEARSE and SACK, Circuit Judges, and HURD, District Judge.

SACK, Circuit Judge:

Appellees Alison J. Treco and David Patrick Hamilton (the "Liquidators"), the liquidators of Meridien International Bank Limited ("MIBL"), a bank incorporated in the Bahamas undergoing bankruptcy proceedings there, filed a petition in the Bankruptcy Court for the Southern District of New York pursuant to 11 U.S.C. § 304(a) seeking the turnover of certain funds maintained by the appellants, the Bank of New York and JCPL Leasing Corp. (collectively...

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