RUBIN v. MANUFACTURERS HANOVER TRUST CO.

Bankruptcy No. 79 Civ. 189 (MP).

4 B.R. 447 (1980)

Herbert RUBIN, as Trustee of U.S.N. Co., Inc., Bankrupt, and Eliot H. Lumbard, as Trustee of Universal Money Order Co., Bankrupt, Plaintiffs, v. MANUFACTURERS HANOVER TRUST COMPANY, John M. Trent and Eugene Skowron, Defendants.

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

May 5, 1980.


Attorney(s) appearing for the Case

Herzfeld & Rubin, New York City, for plaintiffs; Terry Myers and Morrell I. Berkowitz, New York City, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendant; Rolon W. Reed, John F. Cambria, New York City, of counsel.


OPINION AND DECISION

MILTON POLLACK, District Judge.

The issues herein were tried to the Court at a Bench trial. Jurisdiction is posited on federal questions asserted under the Bankruptcy Act of July 1, 1898, former Title 11 U.S.C. section 1 et seq. The gist of the claims is that the defendant bank misapplied the monies and securities of the bankrupts in violation of bankruptcy law. For the reasons shown hereafter, plaintiffs are not entitled to recover...

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