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EMERSON v. BERMAN

No. 230.

57 F.2d 637 (1932)

EMERSON v. BERMAN et al.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.

Attorney(s) appearing for the Case

David Haar, of New York City, for appellant.

John H. Gamaldi, of New York City, for appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

The complaint sets forth two causes of action: The first under section 60b of the Bankruptcy Act (11 USCA § 96 (b) to recover payments made to the defendants who were directors and officers of the Eureka Upholstering Company at a time when it was insolvent and within four months of the date of the filing of a petition in bankruptcy against it, the effect of which, as defendants had reasonable cause to believe, would be to create...

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