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IN RE A. E. RICHARDSON CO., INC.

No. 73.

3 F.2d 600 (1924)

In re A. E. RICHARDSON CO., Inc. Petition of CARRIZZO.

Circuit Court of Appeals, Second Circuit.

November 10, 1924.

Attorney(s) appearing for the Case

Henry I. Fillman, of New York City, for trustee.

Wechsler & Wechsler, of New York City, for petitioner.

Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

ROGERS, Circuit Judge.

The petitioner filed proof of claim in the sum of $44,614.66 against the estate of the bankrupt. The claim is asserted to be for damages suffered by the claimant for the breach of a lease because of the bankruptcy of the lessee — the lease being for the term of 10 years. The trustee in bankruptcy filed written objections to the allowance of the claim, and the matter in due course was heard by the referee, who disallowed the claim and...

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