IN RE ALLBRAND APPLIANCE & TELEVISION CO., INC.

No. 632, Docket 88-5034.

875 F.2d 1021 (1989)

In re ALLBRAND APPLIANCE & TELEVISION COMPANY, INC., Brands Appliance Mart of Long Island, Inc., Brands Appliance Mart of Connecticut, Inc., ABCO Wholesalers of Connecticut, Inc., ABCO Brands Mart Rhode Island, Inc., Debtors. Arthur C. UNGER, as Trustee of Allbrand Appliance and Television Company, Inc., Plaintiff-Appellant, v. CALORIC CORPORATION, Defendant, Raytheon Company, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 17, 1989.


Attorney(s) appearing for the Case

Richard J. Rubin, New York City (Kurt J. Wolff, Otterbourg, Steindler, Houston & Rosen, P.C., New York City, of counsel), for plaintiff-appellant.

Carol Zerbe Hurford, New York City (Steven Lowenthal, Munves, Tanenhaus & Storch, P.C., New York City, of counsel), for appellee.

Before KAUFMAN, TIMBERS and CARDAMONE, Circuit Judges.


CARDAMONE, Circuit Judge:

Appellant Arthur C. Unger, a Trustee in bankruptcy of the Allbrand Appliance & Television Co., Inc. (Allbrand), appeals from an August 17, 1988 order of the United States District Court for the Southern District of New York (Sand, J.), which affirmed a bankruptcy court order holding that appellee Raytheon Company could not be added under Fed.R.Civ.P. 15(c) as a defendant to the pending bankruptcy proceeding. This appeal presents the single...

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