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MATTER OF FLYING MAILMEN SERVICE, INC.

No. 887, Docket 75-5021.

539 F.2d 866 (1976)

In the Matter of FLYING MAILMEN SERVICE, INC., Bankrupt. Charles GOLD, Plaintiff-Appellant, v. Herbert K. LIPPMAN, Trustee in Bankruptcy of Flying Mailmen Service, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 21, 1976.

Attorney(s) appearing for the Case

Osmond K. Fraenkel, New York City (Seymour M. Heilbron, Elias Messing, and Hays, St. John, Abramson & Heilbron, New York City, of counsel), for appellant.

Stephen J. Mydanick, New York City (Karl S. Lowenthal, New York City, of counsel), for appellee.

Before FRIENDLY, HAYS and MULLIGAN, Circuit Judges.

FRIENDLY, Circuit Judge:

On September 18, 1970, appellant Charles Gold began an action in the Supreme Court for New York County in which he sought the dissolution of Flying Mailmen Service, Inc. (the "Corporation"), 49% of whose shares he owned, the restraining of that corporation's officers and directors from withdrawing any corporate funds, and the appointment of a receiver pending the dissolution. The court entered an order granting this relief in toto....

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