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IN RE UNIVERSAL MONEY ORDER CO.

No. 77 B 73.

470 F.Supp. 869 (1977)

In re UNIVERSAL MONEY ORDER CO., Debtor. Carl J. SCHMITT, Appellant-Respondent, v. Eliot LUMBARD, Receiver, Appellee-Applicant.

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

September 7, 1977.

Attorney(s) appearing for the Case

Levin & Weintraub, New York City, for appellant-respondent; Michael J. Crames, Daniel A. Zimmerman, New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for appellee-applicant; George Weisz, M. Karlynn Hinman, New York City, of counsel.

Krause, Hirsch & Gross, New York City, for debtor.

HAIGHT, District Judge:

Carl F. Schmitt, Superintendent of Banks of the State of California (the "Superintendent") appeals from three orders of the Hon. John J. Galgay, Bankruptcy Judge, which in effect directed the Superintendent to turn over to Eliot Lumbard, the Receiver of debtor-in-possession Universal Money Order Co. ("UMO") assets of UMO which the Superintendent had seized in California. The Receiver and UMO resist the Superintendent's appeal, which is before...

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