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MATTER OF OLLAG CONST. EQUIPMENT CORP.

No. 81-5010.

665 F.2d 43 (1981)

Matter of OLLAG CONSTRUCTION EQUIPMENT CORP., Bankrupt. MANUFACTURERS AND TRADERS TRUST COMPANY, Appellant, v. Karl GOLDMAN, as Trustee of Ollag Construction Equipment Corp., Bankrupt, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Stephen H. Kelly, Buffalo, N. Y. (Hodgson, Russ, Andrews, Woods & Goddyear, William H. Gardner, Buffalo, N. Y., of counsel), for appellant.

Peter L. Costa, Buffalo, N. Y. (Goldman, Costa & Getman, Buffalo, N. Y.), for appellee.

Before FEINBERG, Chief Judge, TIMBERS and MESKILL, Circuit Judges.

FEINBERG, Chief Judge:

This is the second appeal to this court by Manufacturers and Traders Trust Company (the Bank) in an attempt to enforce an alleged security interest, obtained in February 1973, in the property of the bankrupt, Ollag Construction Equipment Corp. (Ollag). Karl Goldman, trustee of the bankrupt, has consistently maintained that the security is a voidable preference under § 60 of the Bankruptcy Act. At the time of the first appeal, the trustee...

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