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McNELLIS v. MERCHANTS NATIONAL BANK & TRUST CO. OF SYRACUSE

No. 357, Docket 32033.

390 F.2d 239 (1968)

Phillip J. McNELLIS, as Trustee of Donald S. Potter, Bankrupt, Plaintiff-Appellant, v. MERCHANTS NATIONAL BANK AND TRUST COMPANY OF SYRACUSE, Syracuse, NEW YORK, and Manufacturers Hanover Trust Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 16, 1968.

Attorney(s) appearing for the Case

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

Roy L. Reardon, New York City (Simpson Thacher & Bartlett, Richard D. Katcher, New York City, on the brief), for appellee Manufacturers Hanover Trust Co.

Lawson Barnes, Syracuse, N. Y. (Melvin & Melvin, Syracuse, N. Y., on the brief), for appellee Merchants Nat. Bank & Trust Co. of Syracuse.

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

FEINBERG, Circuit Judge.

This is an appeal by plaintiff Phillip J. McNellis, as bankruptcy trustee of Donald S. Potter, from orders of the United States District Court for the Northern District of New York, granting a motion for summary judgment by defendants The Merchants National Bank and Trust Company of Syracuse and Manufacturers Hanover Trust Company. The matter was first before us a few months ago; at that time, we reluctantly concluded that the trustee could...

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