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IN RE 716 THIRD AVENUE HOLDING CORP.

No. 52, Docket 28860.

340 F.2d 42 (1964)

In the Matter of 716 THIRD AVENUE HOLDING CORP., Bankrupt. Jeremiah F. CROSS, Trustee-Appellant, v. A. G. V. ASSOCIATES, INC., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 31, 1964.

Attorney(s) appearing for the Case

Jacob Oliner, New York City, for trustee-appellant.

Samuel Newfield, New York City (Bernard Finkel, New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

The Trustee of the Bankrupt appeals from a judgment of the District Court which affirmed the dismissal by the Referee in Bankruptcy of the petition of the Trustee which sought a declaration that an assignment by the Bankrupt of a leasehold was null and void or, in the alternative, a declaration that the assignment was a mortgage, and a determination of the amount required for its redemption. 225 F.Supp. 268

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