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SECURITIES AND EXCHANGE COMMISSION v. WHITE & COMPANY, INC.

No. 72 C 185(2).

406 F.Supp. 806 (1975)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Securities Investor Protection Corporation, Applicant, v. WHITE & COMPANY, INC., and Edward A. White, Defendants. MANUFACTURERS HANOVER TRUST COMPANY, Claimant, v. Hugh S. HAUCK, Trustee.

United States District Court, E. D. Missouri, E. D.

December 8, 1975.

Attorney(s) appearing for the Case

John I. Mayer, Securities & Exchange Com., St. Louis, Mo., James S. Armstrong, Jr., Washington, D. C., for plaintiff.

Richard L. Ross, Hugh S. Hauck, Trustee, Ronald L. Rothman, Clayton, Mo., Harry O. Moline, Jr., St. Louis, Mo., Hamilton Baneshares, Chattanooga, Tenn., Robt. J. Sharfman, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

REGAN, District Judge.

This is an appeal from the order of the Bankruptcy Judge approving the disallowance by the Trustee of the claim of Manufacturers Hanover Trust Company as a "customer" claim within the meaning of the Securities Investor Protection Act of 1970. In his order, the Bankruptcy Judge allowed the claim, but only as a general, unsecured claim.

The facts have been stipulated. The Bank, as agent for the trustee of...

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