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HENRY ANSBACHER & CO. v. KLEBANOW

No. 428, Docket 30502.

362 F.2d 569 (1966)

HENRY ANSBACHER & CO., Wm. Brandt's Sons & Co., Ltd., Charterhouse Japhet Ltd., Kleinwort Benson Ltd., The Chase Manhattan Bank (National Association), Continental Illinois National Bank & Trust Company of Chicago, First National City Bank, Morgan Guaranty Trust Company of New York, Manufacturers Hanover Trust Company and First National State Bank of New Jersey, Appellants, v. Bernard KLEBANOW, George Lewis, Michael Sloan, Egon H. Ottinger, Gladys Knopp, Henry Schlenger and Harold L. Marantz, Kenneth Alan Marantz and Edith Lee Marantz, as Executors of The Estate of Charles Marantz, Appellees. In the Matter of IRA HAUPT & CO., a Limited Partnership, Bankrupt.

United States Court of Appeals Second Circuit.

Decided June 22, 1966.

Attorney(s) appearing for the Case

Leonard Zalkin, New York City (Zalkin & Cohen, New York City, on the brief), for First Nat. City Bank and Morgan Guaranty Trust Co. of New York.

Leon, Weill & Mahony, New York City, for Henry Ansbacher & Co.

Wachtell, Lipton, Rosen, Katz & Kern, New York City, for Wm. Brandt's Sons & Co., Ltd., Charterhouse Japhet Ltd. and Kleinwort Benson Ltd.

Milbank, Tweed, Hadley & McCloy, New York City, for The Chase Manhattan Bank (National Ass'n).

Simpson, Thacher & Bartlett, New York City, for Manufacturers Hanover Trust Co.

Nixon, Mudge, Rose, Guthrie & Alexander, New York City, for First Nat. State Bank of New Jersey.

White & Case, New York City, for Continental Illinois Nat. Bank & Trust Co. of Chicago.

Arnold I. Roth, New York City (Max Freund, Robert L. Ellis, Jerome E. Sharfman, and Rosenman, Colin, Kaye, Petschek & Freund, New York City, on the brief), for appellees.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellees Klebanow, et al., creditors of the bankrupt Ira Haupt & Co. as limited partners of Haupt, served interrogatories on appellants, ten banks which had filed claims against Haupt in the bankruptcy proceedings, as a preliminary step in drafting objections to the claims. The banks moved before Referee Ryan to vacate and suppress the interrogatories and he did so. On petition for review in the United States District Court for...

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