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IN RE M. D. MIRSKY & CO.

No. 332.

32 F.2d 676 (1929)

In re M. D. MIRSKY & CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

David W. Kahn, of New York City, for appellant.

David Haar, of New York City, for appellee.

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

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

The claim of Aqua Realty Corporation stands upon a somewhat different footing from the others and may conveniently be discussed first. This creditor was listed in the bankrupt's schedules and at a given figure. It is true that the debt was stated to be in dispute and that no cash consideration to cover it was deposited in the composition offer; but before the composition was confirmed the bankrupt was required...

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