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BORDEN v. SINSKEY

Nos. 75-1256, 75-1274.

530 F.2d 478 (1976)

William S. BORDEN, Jr., Trustee of Corpamerica, Inc. and Middlesex Trading Corporation, Debtors in Reorganization under Chapter X of the Bankruptcy Act, Appellant in No. 75-1274, v. R. Abbott SINSKEY and Minna Sinskey, Appellants in No. 75-1256.

United States Court of Appeals, Third Circuit.

Decided January 19, 1976.

Rehearing and Rehearing Denied March 3, 1976.

Attorney(s) appearing for the Case

Burton Peskin, Jamieson, Walsh, McCardell, Moore & Peskin, Trenton, N. J., and H. Albert Young, Edward B. Maxwell, 2nd, Jack B. Jacobs, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for William S. Borden, Jr., Trustee.

Victor F. Battaglia, Biggs & Battaglia, Samuel R. Russell, Wilmington, Del., for appellants, R. Abbott Sinskey and Minna Sinskey.

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

Rehearing and Rehearing En Banc Denied March 3, 1976.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiff, William S. Borden, trustee in reorganization of Corpamerica, Inc. ("Corpamerica") and Middlesex Trading Corporation ("Middlesex"), brought this action against the defendants, R. Abbott and Minna Sinskey, husband and wife, charging them with conversion of corporate assets, usurpation of corporate opportunities and violations of Rule 10b-5, 17...

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