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IN RE INTERSTATE STORES, INC.

No. 402, Docket 76-5034.

551 F.2d 1332 (1977)

In re INTERSTATE STORES, INC. formerly known as Interstate Department Stores, Inc., et al., Debtors-Appellees. Irving SULMEYER, as Receiver for the Estate of Esgro, Inc., a Debtor in Chapter XI, Plaintiff-Respondent-Appellant, v. Joseph R. CROWLEY and Herbert B. Siegel, as Reorganization Trustees for White Front Stores, Inc., et al., Defendants-Appellants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 17, 1977.

Attorney(s) appearing for the Case

Harvey R. Miller, New York City (Weil, Gotshal & Manges, Bruce R. Zirinsky, and Lawrence Mittman, New York City, on the brief), for appellant Sulmeyer.

Martin I. Shelton, New York City (Shea, Gould, Climenko & Casey, and Daniel L. Carroll, New York City, on the brief), for appellees.

Irving H. Picard, Asst. Gen. Counsel, S. E. C., Washington, D. C. (David Ferber, Solicitor, S. E. C., Washington, D. C., Meryl E. Wiener, New York Regional Office, S. E. C., New York City, on the brief), for appellee S. E. C.

Joseph Leibowitz, New York City, for Senior Lenders.

Before MOORE, ANDERSON and GURFEIN, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

On February 15, 1973, White Front Stores, Inc., a California corporation and a wholly owned subsidiary of Interstate Stores, Inc., together with White Fronts' affiliates, instituted an action in the Superior Court of the State of California, County of Los Angeles, against Esgro, Inc. (Esgro), a California corporation having its principal place of business in that State. White Front Stores...

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