BARTLE v. MARKSON

No. 219, Docket 29235.

340 F.2d 30 (1965)

Glenn D. BARTLE, Receiver of Markson Bros., Inc., now known as M B H, Inc., Plaintiff-Appellant, v. Asher S. MARKSON, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 14, 1965.

Rehearing Denied February 3, 1965.


Attorney(s) appearing for the Case

Laurence Sovik, Syracuse, N. Y. (Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer, Syracuse, N. Y., on the brief), for plaintiff-appellant.

William J. Mackay, Syracuse, N. Y. (Mackay & Caswell, Syracuse, N. Y., on the brief), for defendant-appellee.

Before MEDINA, MOORE and MARSHALL, Circuit Judges.


MEDINA, Circuit Judge:

The background of this case seems complicated, due in large measure to various procedural maneuvers in the bankruptcy court for the Northern District of New York and to the pendency of certain actions in the New York Supreme Court, Onondaga County. A brief review of the facts, however, and the application of simple legal principles, will, we think, make it clear that the judgment entered by Judge Brennan dismissing the complaint because of plaintiff...

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