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ORR v. KINDERHILL CORP.

Nos. 864, 1015, Dockets 92-9108, 92-9164.

991 F.2d 31 (1993)

Ashley S. ORR, Receiver of American Partners, Inc., Plaintiff-Appellee-Cross-Appellant, v. KINDERHILL CORPORATION; Thomas A. Martin; Kinderhill Investment Company; Virginia S. Martin and Vincent Teahan, as Trustee of a Thomas A. Martin Trust, Defendants, Key Bank of Eastern New York, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 16, 1993.

Attorney(s) appearing for the Case

Anthony J. Carpinello, Albany, NY (T. Paul Kane, Theresa Atkins, Hiscock & Barclay, Albany, NY, of counsel), for defendant-appellant-cross-appellee.

Robert L. Weigel, New York City (Robin L. Baker, Gibson, Dunn & Crutcher, of counsel), for plaintiff-appellee-cross-appellant.

Before: NEWMAN, WINTER, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Plaintiff Ashley S. Orr, the receiver of American Partners, Inc., is a judgment creditor of defendant Kinderhill Corporation. While Orr's damage action against Kinderhill was pending, Kinderhill deeded certain real property to its wholly-owned subsidiary, defendant Kinderhill Investment Company ("KIC"), for nominal consideration. After the transfer, but before the deeds were recorded, Kinderhill distributed the stock in KIC to Kinderhill...

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