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IN RE BLACK & GEDDES, INC.

Bankruptcy No. 81 B 10399 (PBA), Adv. No. 83-5393-A.

30 B.R. 389 (1983)

In re BLACK & GEDDES, INC., Debtor. ASSOCIATED CONTAINER TRANSPORTATION (AUSTRALIA) LTD., and Pace Line, Plaintiffs, v. BLACK & GEDDES, INC., and Chester B. Salomon, Trustee, Defendants.

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

June 9, 1983.

Attorney(s) appearing for the Case

Chester B. Salomon, P.C., New York City, for Trustee; Cindy E. Tzerman, New York City, of counsel.

Burlingham, Underwood & Lord, New York City, for plaintiffs; Wade S. Hooker, Jr., New York City, of counsel.

DECISION AND ORDER ON MOTION TO DISMISS COMPLAINT

PRUDENCE B. ABRAM, Bankruptcy Judge.

On April 5, 1983, Associated Container Transportation (Australia) Ltd. and Pace Line ("Plaintiffs") commenced this adversary proceeding against the Trustee seeking to impose a constructive trust in the amount of $46,775.59 on funds in the hands of the Trustee. The Trustee responded by filing a motion to dismiss the complaint for failure to state a claim for relief as permitted...

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