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IN RE JOHN MUIR & CO.

Bankruptcy No. 81 B 11761 (HCB).

51 B.R. 150 (1985)

In re JOHN MUIR & CO., Bankrupt.

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

July 17, 1985.

Attorney(s) appearing for the Case

Levitt Greenberg Kaufman & Goldstein, P.C. by Bernard L. Goldstein, and Laurence Tauber, New York City, for claimant, Neuberger & Berman.

Weil, Gotshal & Manges by Richard P. Krasnow, and Christopher F. Graham, New York City, for trustee.

Theodore H. Focht, Gen. Counsel, Securities Investor Protection Corp. by Michael E. Don, and Stephen P. Harbeck, Washington, D.C., for SIPC.

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

This proceeding raises the question of whether a stock loan transaction between two stock brokers is entitled to the protection of the Securities Investor Protection Corporation ("SIPC") as provided under the Securities Investor Protection Act of 1970, as amended ("SIPA") (15 U.S.C. § 78aaa et seq.).

I

At the request of Neuberger & Berman ("Neuberger"), John Muir & Co. ("Muir") loaned...

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