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IN RE BECK INDUSTRIES, INC.

No. 17, Docket 83-5014.

725 F.2d 880 (1984)

In re BECK INDUSTRIES, INC., Debtor. Manuel F. ROTHBERG, Plaintiff-Appellant, v. Stephen KIRSCHENBAUM, Trustee of Beck Industries, Inc., and W & J Sloane of Beverly Hills, Inc., Defendants, Stephen Kirschenbaum, Trustee of Beck Industries, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 16, 1984.

Attorney(s) appearing for the Case

Robert J. Rosenberg, New York City (Moses & Singer, New York City), for plaintiff-appellant.

Lonn A. Trost, New York City (Shea & Gould, New York City), for defendant-appellee.

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

FRIENDLY, Circuit Judge:

"I do not use the term `jurisdiction'", Justice Frankfurter once observed, "because it is a verbal coat of too many colors." United States v. L.A. Tucker Truck Lines, Inc., 344 U.S. 33, 39, 73 S.Ct. 67, 70, 97 L.Ed. 54 (1952) (dissenting opinion). If the term is used, as it may have to be, this should be done with a precision unhappily not practiced here. It is thus necessary for us to make a fresh analysis...

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