Legal Opinion

Ackman v. Walter E. Heller & Co.

District Court, S.D. New York

Decided October 23, 1968No. 63 Civ. 300PublishedCited by 3 opinions

1Opinion of the Court

WYATT, District Judge.

This is a motion for plaintiff Trustee, for an order “opening and continuing the trial of this case to permit plaintiff to adduce proof of interest on loans made by defendant”. The motion is made after trial and after the filing on June 28, 1968 of an order, with opinion, 307 F.Supp. 958, directing judgment for defendant. The motion is said to be authorized by Fed.R.Civ.P. 60(b) (1) for “mistake, inadvertence * * * or excusable neglect”.

The proof which the Trustee wishes to offer is the amount of interest accrued by defendant on accounts receivable loans and inventory…

2Cases cited4 opinions

  1. Alex Wolf as Trustee in Bankruptcy of Regent Case Co., Inc., Bankrupt v. Aero Factors CorporationCourt of Appeals for the Second Circuit · 1955
  2. Wolf v. Aero Factors CorporationDistrict Court, S.D. New York · 1954
  3. Irving Trust Co. v. Chase Nat. Bank of New YorkCourt of Appeals for the Second Circuit · 1934
  4. Ackman v. WALTER E. HELLER & COMPANYDistrict Court, S.D. New York · 1968

3Cited by3 opinions

  1. Commonwealth v. Safeguard Mutual InsuranceCommonwealth Court of Pennsylvania · 1975
  2. Ackman v. Walter E. Heller & Co.Court of Appeals for the Second Circuit · 1969
  3. Milton R. Ackman, as Trustee of American Foam Rubber Corporation, Bankrupt v. Walter E. Heller & Company, Inc.Court of Appeals for the Second Circuit · 1969

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