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IN RE DAIRY MART CONVENIENCE STORES, INC.

No. 02-5010.

351 F.3d 86 (2003)

In re: DAIRY MART CONVENIENCE STORES, INC., Debtor. New England Dairies, Inc., Movant-Appellant, v. Dairy Mart Convenience Stores, Inc., and Dairy Mart, Inc., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 20, 2003.

Attorney(s) appearing for the Case

Richard C. Robinson, Pullman & Comley, LLC, Bridgeport, CT (Elizabeth J. Austin, on brief), for Movant-Appellant New England Dairies, Inc.

Susheel Kirpalani, Milbank, Tweed, Hadley & McCloy LLP, New York, N.Y. (Dennis F. Dunne, James C. Tecce, on brief), for Dairy Mart Respondents-Appellees.

L. Rachel Helyar, Akin, Gump, Strauss, Hauer & Feld, LLP, New York, N.Y. (Ira S. Dizengoff, Rex S. Heinke, on brief), for the Official Committee of Unsecured Creditors.

Before: VAN GRAAFEILAND, CARDAMONE, JACOBS, Circuit Judges.

JACOBS, Circuit Judge.

In an underlying contract action brought by New England Dairies ("NED") against Dairy Mart Convenience Stores, Inc. and Dairy Mart, Inc. (collectively, "Dairy Mart"), the Connecticut federal court ordered as a prejudgment remedy that Dairy Mart post a letter of credit and renew or replace it as necessary throughout the course of the litigation. After two renewals, Dairy Mart filed a Chapter 11 bankruptcy petition in the United States District...

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