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IN RE MANHATTAN INVESTMENT FUND LTD.

No. 01 Civ. 4379 NRB.

288 B.R. 52 (2002)

In re MANHATTAN INVESTMENT FUND LTD., et al., Debtors. Helen Gredd, Chapter 11 Trustee for Manhattan Investment Fund Ltd., Plaintiff, v. Bear, Stearns Securities Corp., Defendant.

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

December 20, 2002.

Attorney(s) appearing for the Case

Harry S. Davis, Martin L. Perschetz, Michael L. Cook, New York City, for Bear, Stearns Securities Corp.

Helen Gredd, Daniel E. Reynolds, Carl G. Sussman, New York City, for Helen Gredd, Chapter 11 Trustee for Manhattan Investment Fund Ltd.

MEMORANDUM AND ORDER

BUCHWALD, District Judge.

Defendant Bear, Stearns Securities Corp. ("Bear Stearns" or "defendant") moves pursuant to 28 U.S.C. § 158(a)(3) and Fed. R. Bankr.P. 8001(b) and 8003, for leave to appeal from an order of the U.S. Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") dated October 7, 2002 (the "Order") which denied Bear Stearns' motion to dismiss Counts I and IV of the Complaint.

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