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FRIEDMAN v. HAROLD

No. 80-1050.

638 F.2d 262 (1981)

Henry FRIEDMAN, Trustee in Bankruptcy of Janice Ann Marie Harold, Appellant, v. Janice Ann Marie HAROLD, Appellee.

United States Court of Appeals, First Circuit.

Decided January 13, 1981.

Attorney(s) appearing for the Case

Karnig Boyajian, Boston, Mass., for appellant.

Robert W. Langlois, Quincy, Mass., with whom Terry Phillip Segal, Boston, Mass., and Fleming & Langlois, P. C., Quincy, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, and DAVIS, Judge, U.S. Court of Claims.

DAVIS, Judge.

This is a challenge by a trustee in bankruptcy to the validity of the Massachusetts common law tenancy by the entirety which prohibits the creditors of a wife from attaching her interest in entirety property, while at the same time allowing creditors of a husband to attach his interest. We hold primarily that the trustee is not a proper proponent of the invalidity of the alleged gender discrimination involved here, and that his own rights are not transgressed...

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