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MATTER OF ROTH, BAITZ & LIPSITZ CO.

No. 250.

6 F.2d 1022 (1925)

In the Matter of ROTH, BAITZ & LIPSITZ CO., Inc., Bankrupt; Sherman & Weinstein, Appellants.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

Samuel S. Breslin, of New York City, for plaintiffs in error.

Mayer C. Goldman, of New York City, for defendant in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The proof of claim filed against the bankrupt was for $669.29, and the invoice attached thereto was made out against the Joseph Roth Manufacturing Company. Later an amended proof of claim was filed, and the invoice attached thereto was made out against the bankrupt. Both the original and the amended proofs of claim recite that the bankrupt was, at and before the filing of the petition in bankruptcy, indebted to the claimant in the said sum....

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