William H. Scarborough, Trustee in Bankruptcy of Comet Manufacturing Corporation, Bankrupt, Plaintiff-appellant, v. Berkshire Fine Spinning Associates, Inc., Defendant-appellee, 243 F.2d 575 (2d Cir. 1957)
Annotate this CaseDecided April 18, 1957
Appeal from the United States District Court for the Southern District of New York; Archie O. Dawson, Judge.
William H. Scarborough, trustee in bankruptcy of Comet Manufacturing Corporation, appeals from a summary judgment dismissing his action to recover as a preference certain funds acquired by defendant, Berkshire Fine Spinning Associates, Inc., under an assignment for security made more than four months prior to bankruptcy of rights under a government contract to manufacture handkerchiefs for the United States Army.
Frederic P. Houston, of Otterbourg, Steindler, Houston & Rosen, New York City (Aaron Rosen and Marks F. Paskes, of Otterbourg, Steindler, Houston & Rosen, New York City, on the brief), for plaintiff-appellant.
Francis C. Leffler, New York City (Truman Henson and J. Arthur Bowen, of Robinson & Henson, New York City, on the brief), for defendant-appellee.
Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and LEIBELL, District Judge.
PER CURIAM.
Affirmed on the opinion of District Judge Dawson, D.C.S.D.N.Y., 128 F. Supp. 948, and Rockmore v. Lehman, 2 Cir., 129 F.2d 892, certiorari denied 317 U.S. 700, 63 S. Ct. 525, 87 L. Ed. 559.
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