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IN RE METROPOLITAN ELEC. MFG. CO.

No. 01-88103-478.

295 B.R. 7 (2003)

In re METROPOLITAN ELECTRIC MANUFACTURING COMPANY, Debtor.

United States Bankruptcy Court, E.D. New York.

June 11, 2003.

Attorney(s) appearing for the Case

Silverman Perlstein & Acampora, LLP, by Anthony C. Acampora, Jericho, NY, for Kenneth Silverman, Chapter 11 Operating Trustee.

Thaler & Gertler, LLP, by Andrew Thaler, Westbury, NY, for Broadway Equities, Metropolitan Switchboard Company, Inc., Louis Silvestre and Sharon Silvestre.

Pryor & Mandalupe, by Robert L. Pryor, Westbury, NY, for Joseph Shelley.

MEMORANDUM DECISION

DOROTHY EISENBERG, Bankruptcy Judge.

The issue before the Court is whether a shareholder of Metropolitan Electric Manufacturing Company (the "Debtor") who filed two claims in this case may purchase from the Chapter 11 trustee an assignment of his rights to pursue certain avoidance claims against specific entities pursuant to 11 U.S.C. § 544(b) where the Chapter 11 trustee will not be taking any part in the litigation, and the benefit...

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