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IN RE MANUFACTURERS CREDIT CORPORATION

No. 17116.

397 F.2d 265 (1968)

In the Matter of MANUFACTURERS CREDIT CORPORATION et al., Debtors. American Oil Company, a trade creditor, Appellant.

United States Court of Appeals Third Circuit.

Decided June 24, 1968.

Attorney(s) appearing for the Case

Robert W. McCann, Stickel, Kaine & Stickel, Newark, N. J., for appellant.

Jay R. Benenson, Furst, Furst, Feldman & Benenson, Newark, N. J., for Debtor Corporation.

Richard V. Bandler, Associate Regional Administrator, S. E. C., New York City, for appellee.

Jack L. Cohen, Newark, N. J., for receiver-appellee Joseph Thieberg.

Before KALODNER, FORMAN and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

This is an appeal by American Oil Company1 from an order2 of the United States District Court for the District of New Jersey of January 12, 1968, granting the motion of the Securities and Exchange Commission, made pursuant to section 328 of the Bankruptcy Act, 11 U.S.C. section 728, to dismiss the proceedings brought by Manufacturers Credit Corporation and...

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