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WHARTON v. ROTH

No. 64-C-946.

263 F.Supp. 922 (1964)

Irving L. WHARTON, as Trustee in Proceedings for the Reorganization of Continental Vending Machine Corp. and Continental Apco Inc., Plaintiff, v. Harold ROTH, Leonard Wolfe, Alan Wolfe, Natalie Wolfe, Rosalind Wolfe, Melvin Wolfe et al., Defendants.

United States District Court E. D. New York.

December 22, 1964.

Attorney(s) appearing for the Case

Berlin, Berelson & Rothaus, New York City, by Stuart Berelson, for defendants.

Christy, Bauman & Christy, New York City, by Joseph J. Marcheso, New York City, for defendants.

MISHLER, District Judge.

Motion by defendants Leonard Wolfe, Natalie Wolfe, Alan Wolfe, Rosalind Wolfe and Melvin Wolfe to dismiss the complaint pursuant to Rule 12(b) of the Rules of Civil Procedure.

The trustee appointed in two proceedings instituted against Continental Vending Machine Corp. (Continental) and Continental Apco Inc. (Apco) in this Court pursuant to Chapter X of the Bankruptcy Act (File #63-B-663...

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