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IN RE SOLAR MFG. CORP.

No. 7324a.

102 F.Supp. 859 (1952)

In re SOLAR MFG. CORP.

United States District Court D. New Jersey.

February 5, 1952.

Attorney(s) appearing for the Case

Riker, Emery & Danzig, Newark, N. J., Irving Riker, Newark, N. J., of counsel, for Marine Midland Trust Co.

Samuel M. Coombs, Jr., and John J. McGirl, trustees.

George Zolotar, New York City, Ezra Weiss, New York City, of counsel, for Securities & Exchange Commission.

Greene & Hellring, Newark, N. J., Bernard Hellring, Newark, N. J., of counsel, for First Nat. Bank of Jersey City.

Samuel Marion, New York City, for bondholders.

Milton M. Unger and Adrian M. Unger, Newark, N. J., Edward Endelman, New York City, of counsel, for Cowen Committee.

Isadore Glauberman, Jersey City, N. J., for Peltason Tenenbaum Co. and Paul Kern, bondholders.

FAKE, District Judge.

Briefly stated, the issue now to be decided is: Does the Bankruptcy Court have jurisdiction summarily to pass upon the issues raised by certain answers and counterclaims interposed by the trustees to claims filed by the Marine Midland Trust Co., or is a plenary suit required calling for a jury trial.

The issue above stated was referred to the Referee to report on as a Special Master. In his written report, he recommends that the answer...

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