Bernard J. Malone, As Trustee in Bankruptcy of Little Falls Dairy Company, Inc., Plaintiff-appellant, v. David Gimpel, Defendant-appellee, 244 F.2d 954 (2d Cir. 1957)

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U.S. Court of Appeals for the Second Circuit - 244 F.2d 954 (2d Cir. 1957) Argued March 6, 1957
Decided March 28, 1957

Appeal from the United States District Court for the Northern District of New York; Stephen W. Brennan, Judge.

Trustee in bankruptcy appeals from so much of the judgment as dismisses his complaint seeking to recover a payment by the bankrupt as an unlawful preference under Section 60 of the Bankruptcy Act, 11 U.S.C.A. § 96.

James A. McTiernan, Little Falls, N. Y., for plaintiff-appellant.

Bartle Gorman, Utica, N. Y. (J. Walter Augar, Utica, N. Y., on the Brief), for defendant-appellee.

Before MEDINA and WATERMAN, Circuit Judges, and GALSTON, District Judge.

PER CURIAM.

Affirmed on the opinion of Judge Brennan, D.C., 151 F. Supp. 549.