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MATTER OF M.S. WIEN & CO., INC.

Bankruptcy No. 81-0889.

54 B.R. 177 (1985)

In the Matter of M.S. WIEN & CO., INC., Debtor. SECURITIES & EXCHANGE COMMISSION, Plaintiff, v. M.S. WIEN & CO., INC., Defendant.

United States Bankruptcy Court, D. New Jersey.

February 1, 1985.

Attorney(s) appearing for the Case

Robert David Crummy, Del Deo, Griffinger & Vecchione, Newark, N.J., for trustee.

William Seckinger, Washington, D.C., for Securities Investors Protection Corp.

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

This matter comes to the Court on the motion of the trustee for M.S. Wien & Co., Inc. (Wien) to confirm the trustee's determination regarding certain open contractual commitment claims of Merit Investment Corporation (Merit). The relevant facts are undisputed, and may be summarized as follows:

The debtor, Wien, agreed to sell in house securities owned by Merit, its customer. The contracts were:

...

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