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IN RE BECK INDUSTRIES, INC.

Nos. 1102, 1190, Dockets 79-5016, 79-5021.

605 F.2d 624 (1979)

In re BECK INDUSTRIES, INC., Debtor. Howard ROSS and Butler's Shoe Corporation, Defendants-Appellants, v. Stephen KIRSCHENBAUM, as Trustee in Reorganization of Beck Industries, Inc., and Edison Brothers Stores, Inc., Plaintiffs-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 26, 1979.

Attorney(s) appearing for the Case

Arthur S. Olick, New York City (Anderson, Russell, Kill & Olick, P. C., New York City, Tina L. Wellner, New York City, of counsel), for defendant-appellant Butler's Shoe Corp.

Michael L. Cook, New York City (Weil, Gotshal & Manges, New York City, of counsel), for defendant-appellant Howard Ross.

Lonn Trost, New York City (Shea, Gould, Climenko & Casey, New York City), for plaintiff-appellee Reorganization Trustee.

Henry Kohn, New York City (Frankenthaler, Kohn & Schneider, New York City), and Otterbourg, Steindler, Houston & Rosen, P. C., New York City (Jonathan N. Helfat, New York City, of counsel), for plaintiff-appellee Edison Bros. Stores, Inc.

Before FRIENDLY, SMITH and OAKES, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal and cross-appeal raise questions with respect to the judicial sale of certain assets of Beck Industries, Inc. (Beck), a debtor which has been in reorganization under Chapter X of the Bankruptcy Act in the District Court for the Southern District of New York since May, 1971. The proceedings were initially under the supervision of Bankruptcy Judge Herzog; upon his retirement they were referred to Bankruptcy Judge Ryan. There have...

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