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IN RE CARNELL CONSTRUCTION CORP.

No. 18032.

424 F.2d 296 (1970)

In the Matter of CARNELL CONSTRUCTION CORP., a corporation of the State of New York, authorized to do business in the State of New Jersey, Frank Ambrosio, and Joseph Catalanotti, a/k/a Joseph Conti, Debtors, James E. Masterson, Receiver-Appellant, Valley National Bank of Long Island, Appellee.

United States Court of Appeals, Third Circuit.

Decided April 10, 1970.

Attorney(s) appearing for the Case

Jack L. Cohen, Newark, N. J., for appellant.

Bernard Jeffrey, Mullooly, Jeffrey & Rooney, Garden City, N. Y., for appellee.

Before McLAUGHLIN, FREEDMAN and ADAMS, Circuit Judges.

OPINION OF THE COURT

GERALD McLAUGHLIN, Circuit Judge.

This is an appeal by the Receiver from an order of the United States District Court for the District of New Jersey holding that the Bankruptcy Court did not have jurisdiction over the matter now before us.

In May 1967, the debtor, Carnell Construction Corp., a New York corporation, filed in the New Jersey District for a Chapter XI arraignment with its creditors. At the time of filing, appellee...

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