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IN RE ARMOUR ASH CAN MFG. CO.

No. 85.

29 F.2d 671 (1928)

In re ARMOUR ASH CAN MFG. CO., Inc. Ex parte BLANK et al.

Circuit Court of Appeals, Second Circuit.

December 10, 1928.

Attorney(s) appearing for the Case

Joseph Krinsky and Morris Ehrlich, both of New York City, for appellants.

Joffe & Joffe, of New York City (Louis Joffe and Joseph A. Sarafite, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

We see no reason to disturb the finding below that the 250 boards delivered to the bankrupt for repainting were not among those sold in the lot of 552. Their original delivery to the bankrupt, no doubt, put the burden of proof upon the trustee to show that they were not among the lesser lot; but there was such evidence, and the special master and District Judge believed it. While on this appeal the case is...

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