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IN RE PARK EAST CORP.

No. 76 B 1141 (KTD).

470 F.Supp. 147 (1979)

In re PARK EAST CORPORATION, d/b/a Park East Hospital, Bankrupt. Seymour GILLMAN, as Trustee in Bankruptcy of Park East Corporation, d/b/a Park East Hospital, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF GREATER NEW YORK, Defendant-Appellee.

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

April 26, 1979.

Attorney(s) appearing for the Case

Finkel, Goldstein & Berzow, New York City, for the trustee; Neal M. Rosenbloom, Harold S. Berzow, New York City, of counsel.

Edward T. Blaney, Jr., New York City, for Blue Cross and Blue Shield of Greater New York.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge:

This is an appeal from an order of Bankruptcy Judge Edward Ryan dismissing the action brought by the Trustee in Bankruptcy of Park East Corporation against Blue Cross/Blue Shield of Greater New York [hereinafter referred to as "Blue Cross/Blue Shield"]. Judge Ryan concluded that he lacked jurisdiction over the subject matter of the action. The Trustee contends that this conclusion is contrary to law and...

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