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IN RE VICHELE TOPS, INC.

Bankruptcy No. 184-41862, Adv. No. 185-0028.

62 B.R. 788 (1986)

In re VICHELE TOPS, INCORPORATED, Debtor. LANE BRYANT, INCORPORATED, Plaintiff, v. VICHELE TOPS, INCORPORATED, Debtor, Defendant.

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

June 13, 1986.

Attorney(s) appearing for the Case

Platzer & Fineberg, New York City, Trustee.

Nitkin, Alkalay, Handler & Robbins, New York City, for applicant Vichele Tops, Inc.

OPINION

MARVIN A. HOLLAND, Bankruptcy Judge:

This adversary proceeding seeks an order permitting the recovery of $28,722.60 claimed to be held by the debtor in constructive trust for the plaintiff as the result of a mistaken payment. We hold that the plaintiff is not entitled to recover.

FACTS

In October of 1984 the debtor received from Lane Bryant Corporation ("Lane Bryant") a check for $28,722.60 payable to the order of Vichele Financial...

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