IN RE TELTRONICS SERVICES, INC.

Nos. 432, 600, Dockets 84-5028, 84-7522.

762 F.2d 185 (1985)

In re TELTRONICS SERVICES, INC., Debtor. ANACONDA-ERICSSON INC., as successor by merger to LM Ericsson Telecommunications, Inc., Plaintiff-Appellee, v. Jules J. HESSEN, as Trustee in Bankruptcy of Teltronics Services, Inc., Defendant-Appellee, Michael M. Rand and Gregory T. Frese, Appellants. TELTRONICS SERVICES, INC., and Edward M. Beagan, Plaintiffs-Appellants, v. ANACONDA-ERICSSON INC., LM Ericsson Telephone Company, and Ericsson Telecomm, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 22, 1985.


Attorney(s) appearing for the Case

Robinson B. Lacy, New York City (Robert M. Osgood, Maria Foscarinis, Sullivan & Cromwell, New York City, of counsel), for plaintiff-appellee Anaconda-Ericsson Inc. and defendants-appellee Anaconda-Ericsson Inc., LM Ericsson Telephone Co., and Ericsson TeleComm, Inc.

Gabriel B. Schwartz, New York City (Hahn & Hessen, New York City, of counsel), for defendant-appellee Trustee in Bankruptcy of Teltronics Services, Inc.

Walter C. Reid, New York City (Carl E. Person, New York City, of counsel), for appellants Michael M. Rand and Gregory T. Frese, and for plaintiffs-appellants Teltronics Services, Inc. and Edward M. Beagan.

Before TIMBERS, VAN GRAAFEILAND, and PIERCE, Circuit Judges.


PIERCE, Circuit Judge:

This case presents two consolidated appeals. They arise out of the relationship between Teltronics Services, Inc. ("Teltronics"), a now-bankrupt communications corporation, and its principal creditor and supplier, LM Ericsson Telecommunications, Inc. ("Ericsson"),1 which, according to Teltronics, engaged in an attempt to take it over by arranging a fictitious default on...

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