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IN RE DUKE & BENEDICT, INC.

No. 01 CIV. 11645(WCC). Bankruptcy No. 97 B 20207(ASH).

278 B.R. 334 (2002)

In re DUKE & BENEDICT, INC., Debtor. Mid-Hudson Realty Corp., Paul A. Camarda and CAMCO Construction Corp. (a/k/a Hudson Valley Realty Corp.), Plaintiffs-Appellees, v. Duke & Benedict, Inc., Peter D. Leibowits Company, Inc., Centennial Golf Club of New York, LLC and Benedict Dairy Farms, Defendants-Appellants.

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

May 24, 2002.

Attorney(s) appearing for the Case

Oxman, Tulis, Kirkpatrick, Whyatt & Geiger, LLP, White Plains, NY, Andrew D. Brodnick, Of Counsel, Attorneys for Plaintiffs-Appellees.

Kaye Scholer, LLP, New York City, Michael J. Crames, Allan M. Pepper, Howard Kleinhendler, Of Counsel, Attorneys for Defendants-Appellants Peter D. Leibowits Company, Inc. and Centennial Golf Club of New York, LLC.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Defendants-appellants Peter D. Leibowits Company, Inc. ("Leibowits") and Centennial Golf Club of New York, LLC ("Centennial") appeal to this Court pursuant to 28 U.S.C. § 158 from a Declaratory Judgment issued by the Bankruptcy Court, per the Honorable Adlai S. Hardin, Jr., U.S.B.J., dated November 14, 2001 (the "Declaratory Judgment"). The Declaratory Judgment construed the rights of...

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