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IN RE DEPO

Bankruptcy Nos. 78-2005, 78-2003, Adv. No. 83-CV-654.

40 B.R. 537 (1984)

In re Frank DEPO, etc., Joseph Robert Depo, Bankrupts. Frank J. DEPO and Joseph Robert Depo, Plaintiffs, v. LINCOLN FIRST BANK, N.A., Defendant.

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

May 18, 1984.

Attorney(s) appearing for the Case

William R. Morgan, Syracuse, N.Y., for plaintiffs.

Bond, Schoeneck & King, Syracuse, N.Y., for defendant; Joseph Zagraniczny, Syracuse, N.Y., of counsel.

Smith, Sovik, Kendrick Schwartzer & Sugnet, Syracuse, N.Y., for Creditors Committee; Laurence Sovik, Syracuse, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Frank and Joseph Depo (the "Depos"), debtors-in-possession in a consolidated Chapter XII proceeding, appeal from a decision of the United States Bankruptcy Court for the Northern District of New York (Leon J. Marketos, Bkrtcy. J.)1, dismissing their complaint against Lincoln First Bank, N.A. ("Lincoln") for lack of subject matter jurisdiction. This court reverses, and remands...

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