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MATTER OF NATIONAL HOSPITAL & INSTITUTIONAL BLDRS. CO.

No. 1301, Docket 81-5009.

658 F.2d 39 (1981)

In the Matter of NATIONAL HOSPITAL AND INSTITUTIONAL BUILDERS COMPANY, a Partnership, Debtor. NATIONAL HOSPITAL & INSTITUTIONAL BUILDERS CO., Plaintiff, James L. Garrity, Trustee of the Debtor, Appellant, v. Philip GOLDSTEIN, New York City Dept. of Buildings, and New York City Board of Standards & Appeals, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 17, 1981.

Attorney(s) appearing for the Case

Arthur S. Olick, New York City (Anderson, Russell, Kill & Olick, P.C., James P. Heffernan, Tina L. Wellner, New York City, of counsel), for appellant.

Judah Dick, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel, Leonard Koerner, Joseph I. Lauer, Marvin B. Mitzner, New York City, of counsel), for defendants-appellees.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

LUMBARD, Circuit Judge:

James L. Garrity, acting as trustee for the National Hospital and Institutional Builders Company (Debtor), appeals from an order of Judge Leval of the Southern District reversing an order of the bankruptcy court. Bankruptcy Judge Galgay had applied the automatic stay imposed by Rule 12-43 of the Rules of Bankruptcy Procedure to prohibit the appellees — various subdivisions and officers of the...

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