MATTER OF GOOD DEAL SUPERMARKETS, INC.

No. 75-1206.

528 F.2d 710 (1975)

In the Matter of GOOD DEAL SUPERMARKETS, INC., a corporation of the State of New Jersey, et al., Bankrupts. Joseph R. McMAHON, ESQ., as Trustee in Bankruptcy of Good Deal Supermarkets, Inc., et al., Bankrupts, Plaintiff-Appellant, v. GREAT AMERICAN INSURANCE COMPANY and Titan Supermarket Associates, Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided December 31, 1975.


Attorney(s) appearing for the Case

Ravin & Ravin, Newark, N. J., for plaintiff-appellant; William S. Katchen, Mitchel R. Lubitz, Newark, N. J., of counsel.

McElroy, Connell, Foley & Geiser, Newark, N. J., for defendant-appellee, Titan Supermarket Associates; Theodore W. Geiser, Kevin J. Coakley, Newark, N. J., of counsel.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal, brought by the Trustee in Bankruptcy (Trustee) of a tenant, would have required us to determine whether insurance proceeds payable as a result of fire damage to the leased premises should be paid to the owner/landlord or to the tenant's Trustee in Bankruptcy. The district court's order filed on December 30, 1974 granted summary judgment in favor of the owner/landlord and denied summary judgment to the...

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