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IN RE METRIC METALS INTERN., INC.

No. 80 Civ. 5414 (HFW).

20 B.R. 633 (1981)

In re METRIC METALS INTERNATIONAL, INC., Bankrupt. STERLING NATIONAL BANK & TRUST COMPANY OF NEW YORK, Plaintiff, v. Charles BORNSTEIN, as Trustee of Metric Metals International, Inc., Defendant.

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

November 9, 1981.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City (Stephen Rackow Kaye, Lester M. Kirshenbaum, New York City, of counsel), for Sterling National Bank.

Sherman & Citron, P.C., New York City (Howard Karasik, New York City, of counsel), for trustee in bankruptcy.

MEMORANDUM DECISION

HENRY F. WERKER, District Judge.

This is an appeal by Charles Bornstein, Trustee for Metric Metals International, Inc., from an order of Bankruptcy Judge Roy Babitt which denied his motion for summary judgment, granted plaintiff's motion for summary judgment and held that plaintiff's security interest arising from a security agreement between plaintiff and Metric Metals encompasses general intangibles including Federal, State and City...

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