IN RE SUPREMA SPECIALTIES, INC.

No. 06 Civ. 6021 SAS. Adversary No. 02 02293 JMP.

370 B.R. 517 (2007)

In re SUPREMA SPECIALTIES, INC., et al., Debtors, HARLEYSVILLE WORCESTER MUTUAL INSURANCE COMPANY and Lumbermens Mutual Casualty Insurance Company, Plaintiffs-Appellants, v. BANK OF AMERICA, N.A., as successor by merger to Fleet National Bank, as agent for the Senior Secured Lender Group, Suprema Specialties, Inc., Suprema Specialties West, Inc., Suprema Specialties Northeast, Inc. and Suprema Specialties Northwest, Inc., Defendants-Appellees.

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

May 7, 2007.


Attorney(s) appearing for the Case

David Westermann, Jr., Matthew Didora, Westermann Hamilton Sheehy, Aydelott & Keenan, LLP, Garden City, New York, for Plaintiffs-Appellant, Harleysville Worcester Mutual Insurance Company.

Thomas A. Draghi, John E. Westerman, Westerman Ball Edefer, Miller & Sharfstein, LLP, Mineola, New York, for Plaintiff-Appellant Lumbermens Mutual Casualty Insurance Company.

Brian Trust, Laura D. Metzger, Mayer, Brown, Rowe & Maw LLP, New York, New York, David M. Gossett, Tai Lui Tan, Mayer, Brown, Rowe & Maw LLP, Washington, D.C., for Defendants-Appellees.


OPINION AND ORDER

SCHEINDLIN, District Judge.

Plaintiffs, Harleysville Worcester Mutual Insurance Company ("Harleysville") and Lumbermens Mutual Casualty Insurance Company ("Lumbermens") (collectively, "the Sureties"), have appealed an Order of the United States Bankruptcy Court, Southern District of New York, dated June 27, 2006 (the "Order").1 In that Order, United, States Bankruptcy...

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