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IN RE SUNSHINE JR. STORES, INC.

Nos. 04-16650, 04-16651 and 05-10031.

456 F.3d 1291 (2006)

In re: SUNSHINE JR. STORES, INC. d.b.a. Sunshine Supermarkets d.b.a. Jr. Food Stores, Debtor. Bank of New York, Plaintiff-Appellant, v. Sunshine-Jr. Stores, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 18, 2006.

Attorney(s) appearing for the Case

Vance E. Salter, Jeffrey P. Bast, Gustavo J. Membiela, Hunton & Williams, LLP, Miami, FL, for Bank of New York.

Marsha G. Rydberg, Thomas H. Rydberg, The Rydberg Law Firm, P.A., Tampa, FL, for Sunshine-Jr. Stores, Inc.

Before TJOFLAT and BARKETT, Circuit Judges, and MILLS, District Judge.

TJOFLAT, Circuit Judge:

In this Chapter 11 case, the bankruptcy court sanctioned the Bank of New York ("BONY") for repeatedly refusing to obey several orders the court issued for the benefit of Sunshine-Jr. Stores, Inc. (The "Debtor"). First, the court struck BONY's response to the Debtor's claim for interest on funds BONY held as a fiduciary for the Debtor. Second, having struck BONY's response, the court gave the Debtor judgment for the interest. Third, the court...

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