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CITY OF UTICA v. GOLD MEDAL PACKING CORP.

31 A.D.2d 731 (1968)

City of Utica, Plaintiff, v. Gold Medal Packing Corp. et al, Defendants Impleaded with William A. Schmitt, Trustee of Gold Medal Packing Corp., Bankrupt, Appellant-Respondent, and Chicago Dressed Beef Co., Inc., Respondent-Appellant. (No. 4.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 12, 1968

Order unanimously modified to reverse insofar as it grants a motion to dismiss the second counterclaim against the creditor National Packing Company, and motion denied with direction for further proceedings in accordance with the Memorandum herein, and as so modified, order affirmed with costs.

Memorandum:

The trustee in bankruptcy of Gold Medal Packing Corporation, by way of defense to the claims of three creditors, namely, Chicago Dressed Beef, Inc. (hereinafter...

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