IN RE DILBERT'S QUALITY SUPERMARKETS, INC.

No. 5, Docket 30347.

368 F.2d 922 (1966)

In the Matter of DILBERT'S QUALITY SUPERMARKETS, INC., Debtor-Respondent-Appellee. The PETITION of IRMA M. REALTY CORP., Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided November 28, 1966.


Attorney(s) appearing for the Case

Samuel Kirschenbaum, Brooklyn, N. Y. (Sylvan D. Freeman, and Dreyer & Traub, Brooklyn, N. Y., on the brief), for petitioner-appellant.

Harold Unterberg, New York City (Abbie Goldstein, David M. Perlmutter, and Unterberg & Unterberg, New York City, on the brief), for debtor-appellee.

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

Before SMITH, HAYS and FEINBERG, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

Irma M. Realty Corp. (Irma), as the claimed assignee of a mortgage on realty in which Dilbert's Quality Supermarkets, Inc. (Dilbert's), a debtor in reorganization in a Chapter X proceeding in the United States District Court for the Eastern District of New York, was a tenant, moved in the reorganization proceedings for permission to continue the prosecution in the Supreme Court of the State...

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