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B.J.M. REALTY CORPORATION v. RUGGIERI

Nos. 65, 177, Dockets 28961, 29158.

338 F.2d 653 (1964)

B. J. M. REALTY CORPORATION, Petitioner-Appellant, v. Joseph F. RUGGIERI, Trustee, Dilbert's Quality Supermarkets, Inc., Debtor, Appellees.

United States Court of Appeals Second Circuit.

Decided November 24, 1964.

Attorney(s) appearing for the Case

Benjamin Masor, New York City, for petitioner-appellant.

Daniel A. Shirk, New York City (Joseph Jaspan, Brooklyn, N. Y. and Daniel Waxman, New York City, on the brief), for appellees.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

SMITH, Circuit Judge.

This case is before the court on an appeal from an order of the United States District Court for the Eastern District of New York, Matthew T. Abruzzo, Judge, denying B. J. M. Realty Corporation's (Realty) motion for an order directing the debtor and the trustee in bankruptcy of Dilbert's Quality Supermarkets, Inc. (Dilbert) to vacate certain premises leased by Realty and to surrender possession to the...

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