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KALB, VOORHIS & CO. v. AMERICAN FINANCIAL CORP.

No. 460, Docket 93-7534.

8 F.3d 130 (1993)

KALB, VOORHIS & CO., Plaintiff-Appellant, v. AMERICAN FINANCIAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 26, 1993.

Attorney(s) appearing for the Case

Bruce J. Ressler, New York City (Richard F. Bernstein, Ressler & Ressler, of counsel), for plaintiff-appellant.

Peter M. Fishbein, New York City (Jonathan L. Hochman, Steven B. Singer, Kaye, Scholer, Fierman, Hays & Handler, of counsel), for defendant-appellee.

Before: KEARSE and WINTER, Circuit Judges, and POLLACK, District Judge.

MILTON POLLACK, Senior District Judge:

Kalb, Voorhis & Co. ("Kalb, Voorhis"), a holder of debentures issued by Circle K Corporation ("Circle K") prior to filing its Chapter 11 petition for reorganization under the Bankruptcy Code, sues on its own behalf as a creditor to impose liability for the debentures on a former controlling stockholder of Circle K, namely, American Financial Corporation ("AFC"). Kalb, Voorhis claims...

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