IN RE NAT. HOSP. AND INSTITUTIONAL BUILDERS CO.

No. 83 Civ. 6490 (WCC).

38 B.R. 727 (1984)

In re NATIONAL HOSPITAL AND INSTITUTIONAL BUILDERS COMPANY, a Partnership, Debtor.

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

March 27, 1984.


Attorney(s) appearing for the Case

Hollyer, Jones & Pindyck, New York City, for appellant Midland Bank and Trust Company; A. Rene Hollyer, Bruce Eben Pindyck, New York City, of counsel.

Anderson, Russell, Kill & Olick, P.C., New York City, for James L. Garrity, Trustee in Bankruptcy; John Reid, New York City, of counsel.

DeMov, Morris, Levin & Shein, New York City, for Washington Federal Savings & Loan.


OPINION AND ORDER

CONNER, District Judge:

This is an appeal from an Order of Bankruptcy Judge John J. Galgay, dated July 1, 1983, finding that the Bankruptcy Court has summary jurisdiction to resolve the parties' competing claims to certain funds in an escrow account at the Midland Bank & Trust Company ("Midland"). For the reasons set forth below, that decision is affirmed.

I.

The background facts necessary to resolve the jurisdictional...

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