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IN RE CAYNE CONST. CO.

Nos. 21626, 21627.

58 F.2d 664 (1932)

In re CAYNE CONST. CO., Inc. In re CAYNE.

District Court, E. D. New York.

April 6, 1932.

Attorney(s) appearing for the Case

Samuel C. Duberstein, of New York City (Meyer D. Siegel and Max Schwartz, both of New York City, of counsel), for bankrupts.

Benjamin & Benjamin, of Liberty, N. Y. (A. David Benjamin, of Liberty, N. Y., of counsel), for petitioning creditors.

Milbank, Tweed, Hope & Webb, of New York City (John G. Clancy, of New York City, of counsel), for intervening creditor Cross, Austin & Ireland.

Harry L. Schulman, of Brooklyn, N. Y., for intervening creditor Kenlon Coal Co.

GALSTON, District Judge.

These two cases under stipulation were tried together.

The petitions were filed on January 8, 1932, and the answers raise the issue of insolvency and deny the commission of any act of bankruptcy, and also deny that the petitioning creditors, Honahan Company, Inc., E. Smolka Plumbing Supply Company, and Gordon Plumbing & Heating Supply Company, Inc., had provable claims. Thereafter additional creditors, Cross, Austin & Ireland...

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