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MATTER OF BURGE (OCEANIC TRADING CO.)

282 A.D. 219 (1953)

In the Matter of Henry Burge, Respondent. Oceanic Trading Company, Inc., Appellant, Harry A. Gottlieb, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 19, 1953.

Attorney(s) appearing for the Case

Edward K. Hanlon of counsel (Milton Weiss and Edward L. Mertz with him on the brief; Beekman & Bogue, attorneys), for appellant.

Martin Evans (Edward J. Greenfield with him on the brief), for respondents.

PECK, P. J., GLENNON, CALLAHAN and BREITEL, JJ., concur; COHN, J., dissents and votes to affirm on the opinion of EDER, J., at Special Term.

Per Curiam.

Appellant, a foreign corporation doing no business in the State of New York, appeals from an order denying its motion to vacate an ex parte order appointing a "Special Receiver" of the assets of the corporation within the State of New York and authorizing and directing the receiver to take action to secure the assets of the corporation within the State. It appears that there are no assets of the corporation...

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