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MATTER OF RUSSO

Bankruptcy No. 78-B-22-16.

37 B.R. 441 (1984)

In the Matter of Lucio F. RUSSO, Bankrupt.

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

February 15, 1984.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, New York City, for the Motion; David R. Kittay, New York City, of counsel.

Guggenheimer & Untermyer, New York City, in opposition; Ephraim K. Leibowitz, New York City, of counsel.

John S. Pereira, New York City, Trustee.

MANUEL J. PRICE, Bankruptcy Judge.

This is a motion made by Tina Russo, wife of the bankrupt Lucio F. Russo, ("Russo" or the "bankrupt") to vacate the confirmation of the sale of the trustee's survivorship interest in marital property, to Avery J. Gross, ("Gross") or to the estate of Reuben E. Gross, ("Gross estate") on the ground that Gross was the former trustee in bankruptcy of Russo's bankruptcy estate and therefore a fiduciary who was not qualified to bid thereon...

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