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IN RE FRIGITEMP CORP.

No. 82 Civ. 3928 (GLG), Bankruptcy No. 78 B 468(JL).

24 B.R. 209 (1982)

In re FRIGITEMP CORP., Bankrupt. Lawson F. BERNSTEIN, Trustee in Bankruptcy of Frigitemp Corp., Plaintiff-Appellee, v. LITTON SYSTEMS, INC., d/b/a Ingalls Shipbuilding Division, Defendant-Appellant.

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

November 5, 1982.

Attorney(s) appearing for the Case

Gelberg & Abrams, New York City, and Scruggs & Williams, P.A., Pascagoula, Miss., for plaintiff-appellee; Marc S. Kirschner, Michael Luskin, New York City, and Richard F. Scruggs, Pascagoula, Miss., of counsel.

Latham, Watkins & Hills by Thomas L. Patten, Keck, Mahin & Cate by Robert L. Ackerly, Washington, D.C., Lans, Feinberg & Cohen by Malcolm I. Lewin, New York City, for defendant-appellant; William J. Powers, Jr., Pascagoula, Miss., of counsel.

OPINION

GOETTEL, District Judge:

Litton Systems, Inc., ("Litton") appeals from an order of Bankruptcy Judge Joel Lewittes denying a motion to dismiss the amended complaint of the trustee of the estate of Frigitemp Corp. ("Frigitemp").1 Litton contends that the bankruptcy court lacks summary jurisdiction over the underlying turnover proceeding brought by the trustee because the trustee has already relinquished the property which...

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