District Judge. In re JWP, Inc., Debtor, DIAN H. MILLIGAN, as General Partner of Helene Holding Company, Plaintiff,, (2nd Cir. 2001)

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 11th day of July , two thousand one.

PRESENT: Roger J. Miner, Pierre N. Leval, Circuit Judges, Frederick J. Scullin, Jr.,*

District Judge.

In re JWP, Inc., No. 00-5067

Debtor, DIAN H. MILLIGAN, as General Partner of Helene Holding Company, Plaintiff, R. KEITH MILLIGAN, individually, R. KEITH MILLIGAN, as General Partners of Helene Holding Company, Plaintiff-Appellant, v.

HETRA COMPUTER & COMMUNICATION INDUSTRIES, INC., JAMES GRAY, PATRICK SPAIN, JWP INC., Defendants-Appellees.

FOR APPELLANT: R. Keith Milligan, pro se, Indialantic, FL FOR APPELLEE: David A. Sifre (Brian M. Cogan, Heidi Balk, of counsel), Stroock & Stroock & Lavan LLP New York, NY Appeal from the United States District Court for the Southern District of New York (Cote, J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the decision of the district court be and it hereby is AFFIRMED.

Plaintiff R. Keith Milligan appeals the district court's affirmance of an order of the bankruptcy court enforcing a settlement order. The settlement order, which memorialized an oral agreement on the record before the bankruptcy court, provided that Milligan would execute a general release in defendants' favor upon receipt of $120,000. Milligan has been paid the agreed sum, but refuses to deliver the executed releases because he contends that the settlement order does not reflect the terms of the oral agreement before the bankruptcy court. We reject Milligan's claim. He had ample opportunity to object to its terms at the time it was issued. He made no objection and accepted payment pursuant to its terms. He cannot now challenge the order.

[*]-. Honorable Frederick J. Scullin, Jr., Chief Judge of the United States District Court for the Northern District of New York, sitting by designation.


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