SCHMITT v. BLACKWELDER

No. 452, Docket 31202.

379 F.2d 278 (1967)

William A. SCHMITT, as Trustee in Bankruptcy of Gold Medal Packing Corporation, Petitioner-Appellant, v. B. Alton BLACKWELDER, Commissioner of Finance of Oneida County, N. Y., et al., Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided June 7, 1967.


Attorney(s) appearing for the Case

Laurence Sovik, Syracuse, N. Y. (Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer, Syracuse, N. Y., and Hubbard, Felt & Fuller, Utica, N. Y., on the brief), for appellant.

Robert E. Remmell, Utica, N. Y. (Richard A. Frye, County Atty. for Oneida County, New York), for appellee B. Alton Blackwelder.

Charles Seligson, New York City (Harvey R. Miller, J. Robert Seder and Seligson & Morris, New York City, and Shaw J. Dallal, Utica, N. Y., on the brief), for other appellees.

Shaw J. Dalall, Utica, N. Y., for respondents-appellees Chicago Dressed Beef Co., Inc., Western Pork Packers, Inc., and National Packing Co., Inc.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.


HAYS, Circuit Judge.

William A. Schmitt, trustee in bankruptcy of Gold Medal Packing Corporation, appeals from an order of the United States District Court for the Northern District of New York vacating an order of the referee in bankruptcy which directed that the defendant Commissioner of Finance of Oneida County turn over to the bankruptcy court proceeds of a condemnation award on property formerly owned by the bankrupt...

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