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EMIGRANT SAV. BANK v. ELAN MANAGE. CORP.

No. 327, Docket 81-7449.

668 F.2d 671 (1982)

EMIGRANT SAVINGS BANK, Plaintiff-Appellee, v. ELAN MANAGEMENT CORP., et al., Defendants. Elan Management Corp., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 12, 1982.

Attorney(s) appearing for the Case

Judson A. Parsons, Jr., New York City (Dewey, Ballantine, Bushby, Palmer & Wood, J. Patrick Deely, New York City, of counsel), for plaintiff-appellee.

Marcia Berger Hershkowitz, Mineola, N. Y. (Goldweber & Hershkowitz, Mineola, N. Y., Elyse S. Goldweber, of counsel), for defendant-appellant.

Before FEINBERG, Chief Judge, and FRIENDLY and PIERCE, Circuit Judges.

FRIENDLY, Circuit Judge:

By a petition filed in the District Court for the Eastern District of New York, Elan Management Corp. (Elan) sought to remove, under 28 U.S.C. § 1443(1),1 an action brought by Emigrant Savings Bank (Emigrant) in the Supreme Court of New York for Queens County to foreclose a mortgage on an apartment building owned and managed by Elan. The petition alleged that tenants in 36 of the 45 apartments are members...

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