CARNEY v. PHILIPPONE

Docket No. 02-7771.

332 F.3d 163 (2003)

Burnell G. CARNEY and Alice Carney, by L. David Zube, Chapter 11 Trustee, Plaintiffs-Appellants, v. James V. PHILIPPONE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Questions Certified: June 10, 2003.


Attorney(s) appearing for the Case

Philip J. Kramer, Hinman, Howard & Kattell, LLP, Binghamton, NY, for Plaintiffs-Appellants.

Robert J. Smith (Paul G. Ferrara and Edmund J. Gegan, on the brief), Costello, Cooney & Fearon, PLLC, Syracuse, NY, for Defendant-Appellee.

Before: KEARSE and B.D. PARKER, Jr., Circuit Judges, BERMAN, District Judge.


Questions Certified to the New York Court of Appeals: June 10, 2003.

B.D. PARKER, Jr., Circuit Judge.

Chapter 11 Trustee L. David Zube appeals on behalf of plaintiffs-appellants Burnell G. and Alice Carney from a judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge). The district court dismissed the Carneys' claim that defendant-appellee...

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