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IN RE ALCAP MFG. CO.

Civ. No. H-77-658.

457 F.Supp. 1247 (1978)

In re ALCAP MFG. CO., Debtor. NEW BRITAIN NATIONAL BANK, Appellant, v. ALCAP MANUFACTURING COMPANY, Appellee.

United States District Court, D. Connecticut.

September 29, 1978.

Attorney(s) appearing for the Case

Edward B. Scott, New Britain, Conn., for appellant.

Abraham S. Albrecht, Hartford, Conn., Schatz & Schatz, Hartford, Conn., for Debtor.

Timothy Sheehan, Rosenzweig, Fagan & Sheehan, New Britain, Conn., for Ahlco Mfg. Co., Inc.

Paul R. Salvage, Bacon, Cohen, Salvage & Fialky, Springfield, Mass., for Creditors' Committee.

Barbara Allen Babcock, Asst. Atty. Gen., Civil Division Dept. of Justice, Washington, D. C., Christine Macaluso, Commercial Litigation Section, Civil Division, Dept. of Justice, Washington, D. C., Richard Blumenthal, U. S. Atty., New Haven, Conn., Carl R. Ajello, Atty. Gen., State of Connecticut, Hartford, Conn., for intervening appellee.

MEMORANDUM OF DECISION

BLUMENFELD, District Judge.

This is an appeal by the New Britain National Bank [the Bank], as mortgagee, from an order of the Bankruptcy Judge, dated November 3, 1977, directing the attorney for the debtor in possession under a Chapter XI petition to withhold $19,128.16 from the amount realized on the sale of a parcel of mortgaged real estate as a contribution to the Referees' Salary and Expense Fund established by § 40(c)(4)...

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