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MATTER OF A & J ELASTIC MILLS, INC.

No. 82 Civ. 6553 (RWS).

34 B.R. 977 (1983)

In the Matter of A & J ELASTIC MILLS, INC., Debtor.

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

May 31, 1983.

Attorney(s) appearing for the Case

Honig & Smerling, New York City, for appellee Webbing Industries, Inc.; Stephen J. Orbach, New York City, of counsel.

Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for Citicorp Indus. Credit, Inc.; Jonathan N. Helfat, Mitchell M. Brand, New York City, of counsel.

OPINION

SWEET, District Judge.

This appeal from an order of the Honorable Roy F. Babitt, Bankruptcy Judge, presents three issues: should the appeal be dismissed because of an untimely filing of the brief of appellant Citicorp Industrial Credit, Inc. ("Citicorp"); did the Bankruptcy Judge err in allowing Webbing Industries, Inc. ("Webbing") to vote its claim based on a default judgment in the election of the Trustee Albert Togut (the "Trustee"); and did the...

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