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MATTER OF M.S. WIEN & CO., INC.

Bankruptcy No. 81-0889.

54 B.R. 18 (1985)

In the Matter of M.S. WIEN & CO., INC., Debtor. SECURITIES & EXCHANGE COMMISSION, Plaintiff, v. M.S. WIEN & CO., INC., Defendant.

United States Bankruptcy Court, D. New Jersey.

February 15, 1985.

Attorney(s) appearing for the Case

Frank Vecchione, Crummy, DelDeo, Griffinger & Vecchione, Newark, N.J., Trustee.

Michael Claiborne, pro se.

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

The trustee of M.S. Wien & Co., Inc. (Wien) moves to disallow the claim of Michael R. Claiborne as a preferred "customer claim", pursuant to the Securities Investor Protection Act. The trustee's principal contention is that the claim is correctly classified as a general claim against Wien's estate.

The facts herein are generally undisputed. Claiborne was employed by Wien as manager of Wien's Dallas...

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