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MATTER OF F. O. BAROFF CO., INC.

No. 72 Civ. 60.

415 F.Supp. 470 (1976)

In the Matter of F. O. BAROFF COMPANY, INC., Debtor. AMERICAN BANK & TRUST COMPANY, Plaintiff-Appellant, v. Edward S. DAVIS, Trustee, Defendant-Appellee.

United States District Court, S. D. New York.

March 25, 1976.

Attorney(s) appearing for the Case

L. Homer Surbeck, James W. Giddens, Philip H. Curtis, Hughes, Hubbard & Reed, New York City, for the Trustee.

Stephen R. Steinberg, James Nespole, David C. Birdoff, Jane Fankhanel, Reavis & McGrath, New York City, for plaintiff-appellant.

MEMORANDUM OPINION

PIERCE, District Judge.

This action arises in the context of the liquidation of the business of F. O. Baroff Company, Inc. (the Debtor or the Insured) pursuant to the provisions of the Securities Investor Protection Act (SIPA), 15 U.S.C. §§ 78aaa-78lll. The instant dispute, which represents the last substantive matter open in this liquidation proceeding, is an appeal from the ruling of the Hon. Edward J. Ryan, Bankruptcy...

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