Legal Opinion

Saul G. Tobin, as Trustee in Bankruptcy of A. Plein & Co. Inc. v. Aaron Plein

Court of Appeals for the Second Circuit

Decided April 6, 1962No. 27138_1PublishedCited by 14 opinions

1Opinion of the Court

CLARK, Circuit Judge.

On June 23, 1960, A. Plein & Co. Inc. was adjudicated a bankrupt, and appellant qualified as trustee. On September 20, 1960, some 89 days later, the trustee petitioned the referee in bankruptcy for leave to commence arbitration against Aaron Plein pursuant to an arbitration clause contained in a contract executed on September 18, 1959, between Plein and the bankrupt corporation and a third party, Isaac Charchat. An order granting leave to commence was duly issued on September 29, 1960. At this juncture Aaron Plein moved before the referee that the ex parte order be…

2Cases cited5 opinions

  1. Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
  2. Schilling v. Canadian Foreign Steamship CompanyDistrict Court, S.D. New York · 1961
  3. Hasler v. West India S. S. Co.Court of Appeals for the Second Circuit · 1914
  4. In Re the Arbitration Between Terminal Auxiliar Maritima, S. A. & Winkler Credit Corp.New York Court of Appeals · 1959
  5. In Re San Francisco Bay ExpositionDistrict Court, N.D. California · 1943

3Cited by14 opinions

  1. Fed. Sec. L. Rep. P 95,856 Winthrop J. Allegaert, as Trustee of Dupont Walston Incorporated v. H. Ross Perot, and Douglas E. DetataCourt of Appeals for the Second Circuit · 1977
  2. Litton Systems, Inc. v. Frigitemp Corp. (In Re Frigitemp Corp.)District Court, S.D. New York · 1981
  3. Management Investors v. United Mine Workers Of AmericaCourt of Appeals for the Sixth Circuit · 1979
  4. Management Investors v. United Mine WorkersCourt of Appeals for the Sixth Circuit · 1979
  5. Truck Drivers Local Union No. 807 v. Bohack Corp.Court of Appeals for the Second Circuit · 1976

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