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MORRISON v. BAY PARKWAY NAT. BANK

No. 353.

60 F.2d 41 (1932)

MORRISON v. BAY PARKWAY NAT. BANK et al. SAME v. LAFAYETTE NAT. BANK.

Circuit Court of Appeals, Second Circuit.

July 11, 1932.

Attorney(s) appearing for the Case

Walter Jeffrey Carlin, of New York City (Walter Jeffrey Carlin and Paul C. Werner, both of New York City, of counsel), for appellant.

Charles B. Breslow, of Brooklyn (Harry Tabershaw, of New York City, of counsel), for appellee Edward Morrison, trustee in bankruptcy of Max M. Zalta.

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

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

The question before us is whether the judgment to recover an unlawful preference which the trustee in bankruptcy obtained against the Bay Parkway Bank can be enforced in a summary proceeding against Lafayette Bank, the transferee of the former bank's assets.

It is suggested that the relief sought should be given because Lafayette Bank assumed the obligations of the Bay Parkway Bank. Even if...

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