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In re Pearl-Wick Corp.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.


May 4, 1982

IN RE PEARL-WICK CORPORATION, DEBTOR. PEARL-WICK CORPORATION, PLAINTIFF-APPELLEE,
v.
JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, DEFENDANT-APPELLEE; JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, DEFENDANT AND INTERPLEADING PLAINTIFF-APPELLEE, V. SUSWOL HOLDING CORPORATION AND MASADA INDUSTRIES, INC., INTERPLEADED DEFENDANTS-APPELLEES, AND SANDRA RAND, CAROL SUSSBERG, CAREAL REALTY CO., INC., SANDRA RAND, AS CUSTODIAN FOR STACEY WOLFE, SANDRA RAND, AS CUSTODIAN FOR EVEN WOLFE, SHERRI WOLFE, LAWRENCE SUSSBERG, RONALD SUSSBERG, MILTON SUSSBERG AND GLEITSMAN'S INC., INTERPLEADED DEFENDANTS-APPELLANTS.

Appeal from the United States District Court for the Southern District of New York.

Before LUMBARD and PIERCE, Circuit Judges.*fn*

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the order of said District Court be and it hereby is affirmed.

Interpleaded defendants-appellants, Sandra Rand, Carol Sussberg, Careal Realty Co., Inc., Sandra Rand, as custodian for Stacey Wolfe, Sandra Rand, as custodian for Even Wolfe, Sherri Wolfe, Lawrence Sussberg, Ronald Sussberg, Milton Sussberg and Gleitsman's Inc., appeal from an opinion and order of the United States District Court for the Southern District of New York, Robert W. Sweet, Judge. Judge Sweet affirmed a decision of the United States Bankruptcy Court for the Southern District of New York, Burton R. Lifland, Judge, ordering the proceeds of a life insurance policy to be turned over to the Debtor-plaintiff-appellee, Pearl-Wick Corporation. We affirm for substantially the reasons set forth in the opinion of Judge Sweet, dated February 22, 1982, and in the opinion of Judge Lifland, dated October 30, 1981.

The mandate shall issue forthwith.


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