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MATTER OF HOWELL-KESSLER CO.

No. 77 B 2183.

447 F.Supp. 976 (1978)

In the Matter of HOWELL-KESSLER CO., Debtor. CHEMICAL BANK, Plaintiff, v. HOWELL-KESSLER CO. and Herbert J. Bliss, Esq., Trustee, Defendants.

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

April 6, 1978.

Attorney(s) appearing for the Case

Krause, Hirsch & Gross, New York City, for Howell-Kessler Co., Debtor/Appellant; Lewis Kruger, John F. Scheffel, Gerald W. McFarren, New York City, of counsel.

Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for Chemical Bank; Conrad B. Duberstein, Scott L. Hazan, New York City, of counsel.

LASKER, District Judge.

Howell-Kessler Co., a partnership which has filed for a real property arrangement under Chapter XII of the Bankruptcy Act, appeals from an order of the Bankruptcy Court holding that certain property to which Howell-Kessler claims equitable ownership is not within the court's jurisdiction under Chapter XII. The appeal is denied.

Chapter XII applies to any person "other than a corporation" who is the legal or equitable owner of real property...

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