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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
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.