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IN RE FRIEDBERG

No. 95 Civ. 1868 (DAB).

192 B.R. 338 (1996)

In re Richard H. FRIEDBERG, Debtor. FDIC, as Receiver of the Connecticut Bank and Trust Co., N.A., Plaintiff-Appellant, v. Joel LEWITTES, Plan Trustee, Defendant-Appellee.

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

February 22, 1996.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed, New York City (David M. LeMay, Ross Lipman, Melissa A. Crane, of counsel), for Plaintiff-Appellant.

Parker Chapin Flattu & Klimpl, LLP, New York City (Lee Stremba, of counsel), for Defendant-Appellee.

MEMORANDUM and ORDER

BATTS, District Judge.

Plaintiff appeals the decision of Judge Cornelius Blackshear, United States Bankruptcy Judge.

I. FACTUAL BACKGROUND

Plaintiff-appellant, the Federal Deposit Insurance Corporation ("FDIC"), is the Receiver of the New Connecticut Bank and Trust Company, N.A. ("CBT") (collectively "Plaintiff"), and a creditor in the underlying bankruptcy action. Joel Lewittes, Defendant-Appellee, was the Chapter...

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