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IN RE AVERBACH

No. 13252.

50 F.2d 943 (1931)

In re AVERBACH.

District Court, W. D. New York.

June 26, 1931.

Attorney(s) appearing for the Case

Frederick Wiedman, of Rochester, N. Y., for claimant.

Isaac Adler, of Rochester, N. Y., for trustee in bankruptcy.

ADLER, District Judge.

The referee in bankruptcy denied the petition of the claimant for leave to file its claim. The adjudication in bankruptcy in this case was on January 27, 1928. The bankrupt had title to a building, and prior to the filing of the petition in bankruptcy, the claimant filed a mechanics' lien against him for material furnished for bankrupt's building. On February 24, 1928, an action was begun in the Supreme...

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