UNITED PROPERTIES INC. v. EMPORIUM DEPARTMENT STORES, INC.

No. 18610.

379 F.2d 55 (1967)

UNITED PROPERTIES INCORPORATED, and Hans Bodsgard, Appellants, v. EMPORIUM DEPARTMENT STORES, INC., Debtor, and Its Creditors Committee, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 5, 1967.


Attorney(s) appearing for the Case

Jerome B. Simon, of Maun, Hazel, Green, Hayes, Simon & Aretz, St. Paul, Minn., for appellant and filed brief with Joseph A. Maun, St. Paul, Minn.

Marcy Finke, of Finke, Jacobs & Hirsch, New York City, for appellee Emporium Dept. Stores, and Douglass, Bell & Donlin, St. Paul, Minn., were with him on the brief.

Leonard Schwartz, of Siegel, Sommers & Schwartz, Brooklyn, N. Y., for appellee, Official Creditors Committee and filed brief.

Before VOGEL, Chief Judge, and GIBSON and HEANEY, Circuit Judges.


HEANEY, Circuit Judge.

The Emporium of St. Paul, Inc., a subsidiary of United Properties, Inc. (hereinafter referred to as United), the owner and operator of a large downtown department store and two leased branch stores in St. Paul, Minnesota, sold substantially all of its operating assets to the Debtor on September 18, 1963.1 Concurrently, the Emporium of St. Paul, Inc., changed its name to St...

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