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IN RE KANTERMAN

No. M-47(MEL).

99 B.R. 208 (1989)

In re Perri KANTERMAN, Debtor. Alvin GALLANT and Joan Gallant, Plaintiffs, v. Perri KANTERMAN, Donald Kanterman, First Inter-County Bank of New York, Arnold I. Biegen, Marchi Jaffe Steinberg Crystal Katz & Burke, and Joseph G. Blum, in his capacity as temporary receiver of Gallant Securities, Inc. and Gallant Inter-capital Corp., Defendants.

United States District Court, S.D. New York.

May 18, 1989.

Attorney(s) appearing for the Case

Shaw, Licitra, Esernio & Schwartz, P.C., Garden City, N.Y., for trustee; Sarah M. Keenan, of counsel.

Gross & Novak, P.A., East Brunswick, N.J., for Federal Depost Ins. Corp.; Timothy O'Neill, of counsel.

LASKER, District Judge.

The Federal Deposit Insurance Corporation ("FDIC") moves for leave to appeal the bankruptcy court's denial of its motion for summary judgment in the underlying adversary proceeding, which involves questions as to the FDIC's ability to enforce a mortgage and mortgage note which it received in March, 1988 when the bank holding the mortgage and note closed. The motion is granted.

At issue in the motion for summary judgment and thus in...

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