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IN RE DURO INDUSTRIES, INC.

BAP Nos. MB 02-084, MB 02-085, MB 02-086. Bankruptcy No. 02-16131-CJK.

293 B.R. 271 (2003)

In re DURO INDUSTRIES, INC., Debtor. Duro Industries, Inc., Appellant, v. Official Committee of Unsecured Creditors, Appellee. ARK Investment Partners, II, L.P., ARK CLO-2000-1, Limited, Appellants, v. Official Committee of Unsecured Creditors, Appellee. Chace Street, Inc., f/k/a Duro Industries, Inc., ARK Investment Partners, II, L.P., ARK CLO-2000-1, Limited, David L. Canedo, Lawrence F. Hims, John F. Magrue, Edward F. Ricci, Anthony Sarno, and Kevin J. Walsh, Petitioners, v. United States Bankruptcy Court for the District of Massachusetts, Respondent.

United States Bankruptcy Appellate Panel of the First Circuit.

May 29, 2003.

Attorney(s) appearing for the Case

Daniel C. Cohn, Boston, MA, for Chace Street, Inc., f/k/a/ Duro Industries, Inc.

Douglas R. Gooding, Paul Bonanno, Boston, MA, for ARK Investment Partners, II, L.P., ARK CLO-2001-1, Limited.

Peter H. Sutton, Craig Ziady, Boston, MA, for Official Committee of Unsecured Creditors.

Before HAINES, CARLO and BROWN, U.S. Bankruptcy Appellate Panel Judges.

HAINES, Bankruptcy Judge.

Before us is a trio of matters. Chace Street, Inc., formerly Duro Industries, Inc. ("Duro"), appeals the bankruptcy court's memorandum of decision rendered in connection with dismissal of its Chapter 11 case, and the bankruptcy court's order refusing to reconsider and amend the memorandum. ARK Investment Partners, II, L.P., and ARK CLO-2000-1, the Debtor's pre- and post-petition lenders (whom we...

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