GOLDMAN v. D'AMANDA

No. 441, Docket 32637.

412 F.2d 827 (1969)

Milton GOLDMAN, Creditor-Appellant, v. Francis J. D'AMANDA, Trustee-Appellee. In re CANANDAIGUA ENTERPRISES CORPORATION, and Finger Lakes Racing Association, Inc., Debtors.

United States Court of Appeals Second Circuit.

Decided May 22, 1969.


Attorney(s) appearing for the Case

Sydney Krause, New York City (Harris, Beach, Wilcox, Dale & Linowitz, Rochester, N. Y., and Goldman & Drazen, New York City, on the brief), for creditor-appellant.

Louis D'Amanda, Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer, Rochester, N. Y., for trustee-appellee.

Arnold Weiss, Buffalo, N. Y. (Raichle, Banning, Weiss and Halpern, Buffalo, N. Y.), for appellee Emprise Corp.

Richard V. Bandler, Assoc. Regional Admin'r, Securities and Exchange Commission, New York City (Philip A. Loomis, Jr., Gen. Counsel, David Ferber, Sol., Paul Gonson, Asst. Gen. Counsel, Securities and Exchange Commission, Washington, D. C., on the brief), for appellee Securities and Exchange Commission.

Before MOORE, KAUFMAN and FEINBERG, Circuit Judges.


MOORE, Circuit Judge:

Canandaigua Enterprises Corporation and its subsidiary, Finger Lakes Racing Association, Inc. (for purposes of this appeal they may be considered as one) own and operate a race track in central New York State. They are in the process of reorganization under Chapter X of the Bankruptcy Act and will be referred to collectively as the "debtor". The debtor-in-possession has been operating the track since the end of 1964. In November 1967 the Trustee...

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