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IN RE 671 PROSPECT AVENUE HOLDING CORPORATION

No. 198.

118 F.2d 453 (1941)

In re 671 PROSPECT AVENUE HOLDING CORPORATION. NEWFIELD v. EAST RIVER SAV. BANK.

Circuit Court of Appeals, Second Circuit.

March 24, 1941.

Attorney(s) appearing for the Case

Nathan B. Fogelson, of New York City (Max Rockmore, of New York City, of counsel), for appellant.

Wayland & Bernard, of New York City (Caesar Nobiletti and Richard F. Curran, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This appeal presents an interesting question of summary jurisdiction in bankruptcy. It arises upon a petition filed by the trustee in bankruptcy to which the appellee, East River Savings Bank, filed a special appearance and answer denying the referee's jurisdiction to determine in a summary proceeding the issues of the controversy presented by the petition. The referee ruled in favor of jurisdiction; upon petition for review the District Court...

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