MATTER OF OLLAG CONST. EQUIPMENT CORP.

No. BK-73-1068.

446 F.Supp. 586 (1978)

In the Matter of OLLAG CONSTRUCTION EQUIPMENT CORP. MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff-Appellant, v. Karl GOLDMAN, as Trustee of Ollag Construction Equipment Corp., Bankrupt, Defendant-Respondent.

United States District Court, W. D. New York.

February 14, 1978.


Attorney(s) appearing for the Case

William H. Gardner, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., for plaintiff-appellant.

Karl Goldman, Goldman, Costa & Getman, Buffalo, N. Y., for Trustee in Bankruptcy.


MEMORANDUM and ORDER

ELFVIN, District Judge.

The Manufacturers and Traders Trust Company ("M & T") appeals from the decision and order issued September 9, 1976 and from the post-judgment order issued September 24, 1976 by the Honorable Beryl E. McGuire, Bankruptcy Judge, which denied its reclamation petition. The decision of the bankruptcy court, as amended, held that section 908 of New York's Business Corporation Law ("the BCL") was the applicable statutory...

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