RUBIN v. DELAWARE MILLS, INC.

Civ. A. 5957.

163 F.Supp. 956 (1958)

Howard RUBIN, as Trustee in Bankruptcy of Max Joseph & Son Poultry Co., Inc., Plaintiff, v. DELAWARE MILLS, INC., Defendant.

United States District Court N. D. New York.

July 29, 1958.


Attorney(s) appearing for the Case

Chernin & Gold, Binghamton, New York, Widett & Kruger, Boston, Mass. (Charles Keane, Binghamton, N. Y., Robert Robinson, Boston, Mass., of counsel), for plaintiff.

Harrison, Coughlin, Dermody & Ingalls, Binghamton, N. Y. (George G. Coughlin, Binghamton, N. Y., of counsel), for defendant.


FOLEY, District Judge.

This action was tried by the Court upon the waiver by the parties of a jury trial of the factual issues. It is one to set aside and void an alleged preferential transfer of property from the named bankrupt company to the defendant corporation under the pertinent provisions of Sections 60, sub. a(1) and 60, sub. b of the Bankruptcy Act, 11 U.S.C.A. § 96, subs. a(1), b. The complaint demands money judgment as relief because the property involved...

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