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IN RE TWENTIETH CENTURY MILLINERY EXCHANGE

No. 46768.

41 F.2d 237 (1930)

In re TWENTIETH CENTURY MILLINERY EXCHANGE, Inc. Claim of RIESER JEWELRY CO.

District Court, S. D. New York.

February 5, 1930.

Attorney(s) appearing for the Case

Siegel & Son, for bankrupt.

Samuel Sturtz, of New York City, for petitioning creditors and receiver.

Edmund G. Joseph, of New York City, for claimant.

COXE, District Judge.

This is a petition to review a referee's order expunging a claim filed by Rieser Jewelry Company for $6,000 for damages for breach of contract.

The referee held that the claim was contingent, and not provable as a fixed liability under section 63a, subdivision 1 of the Bankruptcy Act, 11 USCA § 103(a) (1).

The facts appear in the proof of claim, and are not in dispute.

On September 24, 1925, the bankrupt leased from...

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