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IN RE PLYMOUTH DYEING CO.

No. 14279.

323 F.2d 134 (1963)

In the Matter of PLYMOUTH DYEING CO., Inc., a corporation of the State of New Jersey, Bankrupt. P.A.C. Realty Company, Alfred Gellene, Sr., Alfred Gellene, Jr., Charles Rosenberg and Alvin L. Rosenberg, Appellants.

United States Court of Appeals Third Circuit.

Decided September 25, 1963.

Attorney(s) appearing for the Case

Samuel Kaufman, Newark, N. J. (Kaufman, Kaufman & Kaufman, John M. Kaufman, Andrew L. Kaufman, Newark, N. J., on the brief), for appellants P. A. C. Realty Co., and others.

Jay R. Benenson, Newark, N. J. (Myron S. Lehman, Newark, N. J., on the brief), for appellee, David E. Feldman, Trustee in Bankruptcy.

Before BIGGS, Chief Judge, and McLAUGHLIN and GANEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an appeal from an order of the district court affirming an order of the referee in bankruptcy. The referee's order, issued in summary proceedings, extended the bankruptcy proceedings of Plymouth Dyeing Co., Inc. (Plymouth) to include the assets of P.A.C. Realty Company (P.A.C.). P.A.C. and its officers have at all times asserted their status as a substantial adverse claimant and have strenuously objected to the exercise of summary...

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