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"Notice of Proposed Stipulation & Order Compromising & Settling

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_ - . - .-- . - - . -- .- - . _ - - _ _ - -. - _ - _ . .-- .- - _ . * * . ! t!U i ~ . , -hf f - . 6 WEIL, GOTSHAL & MANGES Presentment Date: March 7, 1995 Attorneys for uebtors , in Possession 767 Fifth Avenue New York, New York 10153 . (212) 310-8000 ! John J. Rapisardi (JR 7781) 1 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ....._______... ________..----x In re : Chapter 11 Case Nos. METALLURG, INC., AND : i SHIELDALLOY METALLURGICAL 93 B 44468 (JLG) ' CORPORATION, : 93 B 44469 (JLG) (Jointly Administered) | Debtors. : ....________ ............_____x APPLIED INDUSTRIAL : MATERIALS CORPORATION, Plaintiff, : -against- : Adv. Proc. No. 93/9637A * METALLURG, INC., AND : SHIELDALLOY METALLURGICAL CORPORATION, : Defendants. ------------------------------x | NOTICE OF PROPOSED STIPULATION AND ORDER l (a) COMPROMISING AND SETTLING THE CAUSES OF ! ACTION OF APPLIED INDUSTRIAL MATERIALS CORPORATION ("AIMCOR") AGAINST THE DEBTORS, (b) ALLOWINC AIMCOR'S ADMINISTRATIVE AND UNSECURED CLAIMS, AND | (c) DISMISSING ADVRDRARY PROM anING l ! PLEASE TAKE NOTICE that upon the annexed stipulation and order, dated February 27, 1995, of Metallurg, Inc. and Shieldalloy Metallurgical Corporation, a kR DO K O 8948 C PDR \ 0 NYFSC5... \40\63140\0003\1182\NOT2275s.390 . -- .. - - -_. -. , .- >. a as debtors in possession (collectively, the " Debtors"), and Applied Industrial Materials Corporation ("AIMCOR"), (i) approving the compromise and settlement of certain causes of action relating to the reclamation of certain goods, (ii) allowing AIMCOR's administrative and unsecured claims against the Debtors, and (iii) dismissing that certain adversary proceeding commenced on September 14, 1993 by AIMCOR against the Debtors, the undersigned will presented for signature the attached order to the Honorable James L. Garrity, Jr., United States Bankruptcy Judge, Room 610-2 of the United States Bankruptcy Court, Alexander Hamilton Customs House, One Bowling Green, New York, New York 10004, at 12:00 noon on March 7, 1995. PLEASE TAKE FURTHER NOTICE that responses, if any, to the proposed stipulation and order shall be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Rules of Bankruptcy Court, shall set forth the name of the objectant, the nature and amount of any claim or the interests held or asserted by the objectant against the Debtors' estates or properties, the basis for the objection, and the specific ground therefor, and shall be filed with the Bankruptcy Court, with one copy to chambers, together with proof of service thereof, and served upon Weil, Gotshal & Manges, Attorneys for the Debtors, 767 Fifth Avenue, New | 2 NY F S05. : \40\63140\0003\1182\NOT22755.390 _ -_.~_ . .- ... _ _ . _ . - - . -. * * * . , * . * . ., . 11:30 a.m. on March 7, 1995. Unless objections are received by that time, the order may be signed. * Dated: New Yvrk, New York s ; February 27, 1995 i D k Cv3MM i J hn J. isahdi (JR 7781) GOTSHAL & MANGES Attorneys for Debtors in Possession 767 Fifth Avenue New York, New York 10153 (212) 310-8000 | To: THE PERSONS ON THE ANNEXED SERVICE LIST .. | 3 NYFS05... \40\63140\0003\1182iNOT2275K.450 -- _ _- _ __ . - . _ _ _ . _ _ _ _ _ - _ _ _ - . _ _ . _ _ . _ _ _ _ _ _ _ _ . - f. METALLURG/SHIEL0 ALLOY SERVICE LIST ! - 1 . 176422 Canada Inc. Boulanger. Hicks. Stein & Clarendon Ltd. * 4 - 1920 Marie Victoria Churchill P.C. 100 First Stamford Place * Contrecoeur. Quebec 135 East 57th Street Stamford. CT 06902 Canada New York. NY 10022 Attn: Jordan Most Attn: Michael S. Elkin. Esq. ' i' Considar. Inc. Abraham. Pressman & Bauer. P.C. Bruce H. Roswick. Esq. 630 Third Avenue ; 1818 Market Street 101 East 52nd Street New York NY 10017 4 35th Floor 32nd Floor Attn: Ed Dowling ; Philadelphia PA 19103 New York. NY 10022 Attn: Matthew H. Krekstein. Esq. Corporacion Nacional Del , * Cobre De Chile Advanta Leasing Corporation Buchanan Ingersoll Professional c/o Codelco (USA). Inc. 1020 Laurel Oak Road Corporation 177 Broad Street. 14th F1. ! P.O. Box 1228 58th Floor USX Tower Stamford. CT 06901 i Vonrhees. M 08043 1228 600 Grant Street Attn: Mr. Raul Martinez j Attn: Cole B. Silver. Esq. Pittsburgh. PA 15219 i Attn: Gregory A. Pearson. Esq. Cressona Altminum Co. | AIOC Corporation 53 Pottsville Street - 230 Park Avenue Calame. Lineberger. Graham Pena Cressona. PA 17929 i New York NY 10169 Burney Foreman Torres & Garza. Attn: Glenn 5, Kolleeny L.L.P. P.O. Box 3064 Davis. Polk & War k ell - Albert Hayoun Houston. TX 77253 450 Lexington Avenue < 1434 Starling Lane Attn: Eloise A. Guzman, Esq. New York NY 10017 Cherry Hill. NJ 08003 Attn: Don Bernstein. Esq. j Cambior. Inc. ; 800 Rene Levesque Blvd. West Deconnissioning and Regulatory ' Altheimer & Grey Suite 805 Issues Branch ; 10 South Wacker Drive Montreal Quebec H38 1X9 Division of Low Level Waste ; Chicago IL 60606 Canada Management ar.d Decommissioning ' Attn: Melanie R. Cohen. Esq. Attn: Bruce Taylor United States Nuclear Regulatory Connission i Anderson Kill 011ck & Oshin:;ky Canada Life Assurance Company Washington, D.C. 20555 i One Gateway Center U.S. Investment Division Attn: John H. Austin | Suite 0901 330 University Avenue Chief ; Newark. M 07102 Toronto. Ontario MSG 1R8 ; Attn: Paul E. Breen. Esq. Canada Deutsche Bank A.G. 5 Attn: Mary Lue S. Bill ' 31 West 52nd Street Atlantic Electric Company New York. NY 10019 ~ . 1199 Black Horse Pike Carlton. Fields. Ward. Eemanuel. Attn: Gregory Hill ; Pleasantville M 08233 Smith & Cutler. P.A. 255 S. Orange Avenue Dr. W. Fergus Porter Suite 1600 8 Fraser Road Bayh. Connaughton. Fensterheim Orlando. FL 32801 Westport. CT 06880 ' & Malone. P.C. /.ttn: Robert L. Young. Esq. ; 1350 Eye Street. N.W. ' Suite 200 Chasical Bank Fabiano J. Pegurier Washington. DC 20005 270 Park Avenue. 40th Floor Preca Almirante Belfort Attn: Andrew C. Lynch. Esq. New York, NY 10017 Vieira, 12/1101 Attn: E. Lee Smith. Esq. Rio De Janeiro, 22.440 :~ Biernan Everett Foundry Co. Brazil c/o % ven Schnitzer. P.A. Chemical Bank 40 West Northfield Road 270 Park Avenue. 40th Floor a P.O. Box 691 New York. NY 10017 FESIL KS Livingston. M 07039-0691 Atta: Mark Rachan Briskebyveien 48 Attn: Stever.Schnitzer 0259 05102 Nosway Chemical Bank c/o Thacher. Proffitt & Wood Bingham. Dana & Gould 270 Park Avenue 2 World Trace Center 150 Federal Street 30th Fl. New York, NY 10048 Boston, MA 02110 1726 New York. NY 10017 Attn: Mr. Christopher F. Graham Attn: Mary DeNevi. Esq. Attn: Agnes Levy Finkel Goldstein Berzow & Blakinger. Byler & Thomas. P.C. CIGNA Investments. Inc. Rosenbloom 28 Penn Square 900 ".ottage Grove 26 Broa &ay Lancaster PA 17603 5-307 Suite 711 Attn: Barry A. Solodsky. Esq. Bloomfield. CT 06002 New York. NY 10004 Attn: Thomas Shea Attn: Harold S. Berzow. Esq. 1 recruary 27, 1995 ' > . METALLURG/SHIELDALLOY SERVICE LIST | - | * - Fred Lonner & Co.. inc. Katz. Greenberg & Norton Melih Turhan One Penn Plaza Naima Sok NO 10/A ' 105 East Fourth Street Suite 3509 Cincinnati. OH 45202 Maya /p D. 8 * New York NY 10119 Attn: Louis Katz. Esq. Yesilkoy. Istanbul Kerr McGee Chemical Corporation Gerald Stoch. Esq. P.O. Box 25861 Skotch & Churchmark Co., L.P.A. Oklahoma City. OK 73125 Metal Exchange Corp. 24930 Detroit Road Attn: Mr. F. Javier Vela P.O. Box 7446M Westlake. OH 44145 St. Louis. MD 63195 Kirkpatrick & Lock. hart Attn: Tony Clover 1500 Oliver Building Goesta Loefstrand Pittsburgh, PA 15222 Midlantic National Bank Ekvagen 9 Attn: Paula A. Schmeck. Esq. 499 Thornall Street Saltsjoevbaden. 5-133334 Edison, n.1 08818 Sweden Klaus Naegeli Attn: Judy Land CH - 8123 Erbmatingen ! Gerstacherstrasse. Milbank. Tweed. Hadley & McCloy | Gulf Chemical & Metallurgical Switzerland 1 Chase Manhattan Plaza | P.O. Box 200785 New York, NY 10005 | Houston TX 77216 Attn: John J. Jerome. Esq. I Attn: Alan Orr Kurt Ha mann Paul M. Fried. Esq. 4053 Juechen 7 Harry Goldberg & Sons Schulstrasse 3 Mitsui & Co. (USA). Inc. P.O. Box 1028 Germany 200 Park Avenue Perth Amboy NY 08862 38th Floor ; New York. NY 10166 Laporte. Inc. Attn: Yoshi Kuriyama Harry Goldberg & Sons One Woodlawn Green Sam Danzis c/o Markowitz & Zindler Suite 240 3131 Princeton Pike Charlotte. NC 28217 Mitsui & Co. (USA) Inc. Lawrenceville. NJ 08648 Attn: Thomas J. Riordan. Esq. 200 Park Avenue Attn: Linda Schwimer. Esq. New York NY 10166 Le8oeuf. Lamb. Greene & McRae Attn: Diana Mandice Hodgson. Russ. Andrews. Woods 1000 Kearns Building & Goodyear 136 South Main Street Ibegan Guaranty Trust Co. of N.Y. 1800 One M & T Plaza Salt Lake City. UT 84101 60 Wall Street Buffalo, NY 14203 Attn: Penrod W. Keith New York, NY 10262 Attn: John F. Donogher. Esq. Attn: Ms. Unn Boucher LeBoeuf. Lamb. Greene & MacRae Mr. Albert Gordon ' Hoeganaes Corporation 185 Asylun Street River Road & Taylors Lane CityPlace II Mrs. Erika Grmfeld Riverton. K) 08077 Hartford CT 06103 50 Glenside Place Attn: Douglas Meehan Attn: Paul T. Fitzpatrick. Esq. Chappaqua. NY 10514 Heter Douglas Metals Leonard C. Ferebee P.O. Box 74413 179 Lower Morden Lane Naobius Products Company. Inc. 011cago. IL 60690 Morden 1000 Old Pond Road Surrey. SM4 4SP Bridgeville. PA 15017 England Attn: Harry Stuart Huxley Barter Corporation 330 Madison Avenue National Westminster PLC 34th Floor Marks & Murase 175 Water Street New York. NY 10017 399 Park Avenue 29th Floor Attn: Bruce H. Roswick. Esq. New York. NY 10022 New York. MY 10038 Attn: Michael Z. Browntein. Esq. Attn: W. David Apps. V.P. Huxley Barter Corporation Eric 5, Bro m. Esq. W.' Cort Javarone j 780 Third Avenue 34th Floor Mary Jo White Newco Metals. Inc. New York, NY 10017 United States Attorney 7628 South S. R. 13 Attn: Brure H. Roswik. Esq. 100 Church Street Pendleton. IN 46064 New York NY 10007 Attn: Kipp Barber Joachim S. W. Nietz Attn: E &ard A. Smith. Esq. 54 Veronica Street Nort Nestern National Life Kloofendal Extension 1 McCarter & English Ir:surance Co.
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