IN RE RICKEL & ASSOCIATES, INC.

Bankruptcy No. 98 B 47203(SMB). Adversary No. 01-2441.

320 B.R. 513 (2005)

In re RICKEL & ASSOCIATES, INC., Reorganized Debtor. Rickel & Associates, Inc., Robert Rickel, and Marvin Numeroff, Plaintiffs, v. Gregg Smith, Elliot Smith and Wireless Acquisition Partners, LLC, Defendants and Third Party Plaintiffs, v. Kenneth Rickel, Third Party Defendant.

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

February 22, 2005.


Attorney(s) appearing for the Case

Kelley Drye & Warren LLP, Thomas B. Kinzler, James S. Carr, Robert L. Lehane, of counsel, New York City, for Plaintiffs Robert Rickel and Marvin Numeroff.

Olshan Grundman Frome Rosenzweig & Wolosky LLP, Thomas J. Fleming, Kenneth J. Rubinstein, Robert Laplaca, of counsel, New York City, for Defendant Gregg Smith.


MEMORANDUM DECISION DENING MOTION TO STRIKE JURY DEMAND

STUART M. BERNSTEIN, Chief Judge.

In this hotly contested adversary proceeding, one claim remains. The plaintiff creditors, Robert Rickel and Marvin Numeroff, seek to recover damages from Gregg Smith ("Gregg"), a member of the Official Committee of Unsecured Creditors (the "Committee"), alleging that he breached his fiduciary duties. Gregg demanded a jury trial, and the plaintiffs have moved to strike...

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