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IN RE GEM SLEEPWEAR CO.

Nos. 74 B 1781-74 B 1783.

461 F.Supp. 644 (1978)

In re GEM SLEEPWEAR COMPANY. In re Leo BATTINO, a/k/a Leon Battino. In re Leo NEGRIN, a/k/a Leon Negrin, Bankrupts. William S. BROWN, Trustee in Bankruptcy, v. GEM SLEEPWEAR COMPANY, Leo Battino, a/k/a Leon Battino, Leo Negrin, a/k/a Leon Negrin.

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

December 11, 1978.

Attorney(s) appearing for the Case

Ballon, Stoll & Itzler, New York City, for trustee by M. David Graubard, New York City, of counsel.

Finley, Kumble, Wagner, Heine, Grutman & Underberg, New York City, for bankrupts by Gary Blum, New York City, of counsel.

OPINION

GOETTEL, District Judge:

The trustee in bankruptcy appeals from an opinion and order of Bankruptcy Judge Babitt which granted the motions of the three bankrupts to dismiss the trustee's complaints seeking to bar their discharge.

Gem Sleepwear Company was a partnership owned by two equal partners, the individual bankrupts, Leo Battino and Leo Negrin. In October of 1973, Gem obtained a loan from Chase Manhattan Bank. The loan was for a term...

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