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MATTER OF RUSSO

Bankruptcy No. 78-B-22.

18 B.R. 257 (1982)

In the Matter of Lucio F. RUSSO, Bankrupt. Avery J. GROSS, as Trustee in Bankruptcy of Lucio F. Russo, Bankrupt, Plaintiff, v. Lucio F. RUSSO and Tina Russo, Defendants.

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

March 10, 1982.

Attorney(s) appearing for the Case

Robert W. Tauber, Brooklyn, N.Y., for Bankrupt; Cadwalader, Wickersham & Taft, David R. Kittay, New York City, of counsel.

Guggenheimer & Untermyer, New York City, for trustee; Ephraim K. Leibowitz, New York City, of counsel.

MANUEL J. PRICE, Bankruptcy Judge.

This is a motion, brought by way of an order to show cause (Order to Show Cause signed on June 15, 1981), by Lucio F. Russo (the BANKRUPT or RUSSO) to remove Avery J. Gross, Esq. (the TRUSTEE or AVERY GROSS) as trustee of the bankrupt's estate pursuant to Section 2(a)(17) of the Bankruptcy Act of 1898, as amended, (the Act) (repealed 1978 but still applicable in these proceedings by virtue of Section 403(a) of the Bankruptcy Reform...

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