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BRIARCLIFF v. FEDERAL DEPOSIT INS. CORP.

No. 86-5022.

801 F.2d 631 (1986)

In re The BRIARCLIFF, a limited Partnership, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION.

United States Court of Appeals, Third Circuit.

Decided September 15, 1986.

Rehearing Denied October 10, 1986.

Attorney(s) appearing for the Case

David N. Ravin (argued), Bernard Schenkler, Ravin, Sarasohn, Cook, Baumgarten & Fisch, West Orange, N.J., for The Briarcliff.

Sheppard A. Guryan, William B. Kohn (argued), Lasser, Hockman, Marcus, Guryan and Kuskin, Roseland, N.J., for Federal Deposit Ins. Corp.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The Briarcliff, a limited partnership debtor in reorganization under Chapter XII of the Bankruptcy Act of 1898, 11 U.S.C. §§ 801-926 (1976), appeals from an order of the district court, which affirmed an order of the bankruptcy court denying its motion to compel the Federal Deposit Insurance Corporation (FDIC) to pay over to it $2,041,981. This amount represented part of the proceeds of a real estate...

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