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MATTER OF BAVIELLO

Bankruptcy No. 78 B 1114.

12 B.R. 412 (1981)

In the Matter of Luigi BAVIELLO, Bankrupt. Dorothy EISENBERG, Trustee, Estate of Luigi Baviello, Bankrupt, Plaintiff, v. Luigi BAVIELLO, and First National Bank of Long Island, Defendants.

United States Bankruptcy Court, E.D. New York.

July 1, 1981.

Attorney(s) appearing for the Case

Dorothy Eisenberg, trustee pro se.

Redmond & Pollio, Garden City, N.Y., for defendant First National Bank of Long Island by John T. Redmond, Garden City, N.Y.

Jules V. Speciner, Great Neck, N.Y., for bankrupt.

BORIS RADOYEVICH, Bankruptcy Judge.

By a complaint filed on April 19, 1979, the trustee seeks a judgment directing the surrender and turnover by the First National Bank of Long Island ("the bank") of all funds held by the bank in a so-called "Keogh account" in the name of the bankrupt, Luigi Baviello. The bank and the bankrupt filed answers which deny the material allegations of the complaint. The bank's answer also alleges that the account

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