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IN RE FOSTER CONST. CORPORATION

No. 431.

50 F.2d 693 (1931)

In re FOSTER CONST. CORPORATION. Appeal of POPKIN.

Circuit Court of Appeals, Second Circuit.

June 24, 1931.

Attorney(s) appearing for the Case

Louis Jersawit, of New York City, for appellant.

Leo J. Linder, of New York City, for creditor-appellee and intervener trustee in bankruptcy.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The appellee is a creditor of the bankrupt, which was adjudicated such on failure to answer a petition filed against it on September 23, 1929, in the Eastern district of New York. The trustee qualified June 30, 1930. Appellee, on January 27, 1930, procured an order in the Eastern district of New York for the arrest of the appellant, president of the bankrupt. The order of arrest was based on a petition of Mr. Linder, appellee's attorney, and...

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