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McNELLIS v. FIRST FEDERAL SAV. & L. ASS'N OF ROCHESTER, N. Y.

No. 357, Docket 30327.

364 F.2d 251 (1966)

Phillip J. McNELLIS as Trustee of Donald S. Potter, Bankrupt et al., Plaintiffs-Appellants, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, NEW YORK, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 27, 1966.

Attorney(s) appearing for the Case

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

Carl Angeloff, Rochester, N. Y. (Robinson, Williams, Brown, Robinson & Angeloff, Frank Aloi, Rochester, N. Y., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Appellants, two trustees in bankruptcy, appeal from an order of the District Court for the Northern District of New York, which granted appellee's motion for summary judgment and dismissed the complaint. In a memorandum opinion, Judge Brennan held that the principles of res judicata compelled this result. For reasons set forth below, we reverse.

In November 1963, appellants sued defendant-appellee First Federal Savings and Loan...

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