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IN RE LLOYD, CARR AND CO.

Nos. 79-1511, 80-1045.

617 F.2d 882 (1980)

In re LLOYD, CARR AND COMPANY, Bankrupt (two cases). Appeal of Alan H. ABRAHAMS. Appeal of UNITED STATES of America.

United States Court of Appeals, First Circuit.

Decided February 1, 1980.

Attorney(s) appearing for the Case

Terry Philip Segal, Boston, Mass., for Alan Abrahams et al. in case No. 80-1045.

Jacob Rabinowitz, New York City, with whom Daniel D. Abramtsov, New York City, was on brief, for Alan Abrahams, etc., in case No. 79-1511.

Charles W. Morse, Jr., Boston, Mass., with whom Sullivan & Worcester, Boston, Mass., was on brief, for appellee, New England Tel. and Tel. Co.

Robert E. McLaughlin, Boston, Mass., with whom Sandra C. Steele and Gilman, McLaughlin & Hanrahan, Boston, Mass., were on brief, for appellee, Walter H. McLaughlin, Sr., Boston, Mass., Receiver.

Joan I. Oppenheimer, Atty., U. S. Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C., Edward F. Harrington, U. S. Atty., Boston, Mass., Gilbert E. Andrews, Gerald C. Miller, and Crombie J. D. Garrett, Attys., U. S. Dept. of Justice, Washington, D. C., were on briefs, for United States.

Before LEVIN H. CAMPBELL, Circuit Judge, JULIAN, Senior District Judge, and SKINNER, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The following two opinions concern separate actions taken by the district court in a bankruptcy receivership proceeding. While we fully recognize that each must rise or fall on its own distinct facts, we find it convenient to announce both opinions together since they share a common background and are, to some degree at least, interrelated.

No. 79-1511.

The question in this appeal is whether the district court...

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