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FISCHER v. LIBERTY NAT. BANK & TRUST CO.

No. 56.

61 F.2d 757 (1932)

FISCHER v. LIBERTY NAT. BANK & TRUST CO. IN NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

November 7, 1932.

Attorney(s) appearing for the Case

Hardy & Hardy, of New York City (David Haar and David Brady, both of New York City, of counsel), for Liberty Bank.

A. Prentiss Butler, of New York City (Robert J. Sykes, of New York City, of counsel), for Wendell P. Barker.

Baker & Obermeier, of New York City (Oscar S. Rosner and Clarence R. Treeger, both of New York City, for Lippe.

Krause, Hirsch & Levin, of New York City (George C. Levin, of New York City, on the brief), for appellee.

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

L. HAND, Circuit Judge.

This is a suit under section 60b of the Bankruptcy Act, 11 USCA § 96 (b) to recover moneys alleged to have been preferentially paid. Wilson, the bankrupt, was indebted to the three defendants, the bank, Lippe and Barker, under separate transactions, not necessary to describe, upon which they had unsuccessfully pressed him from time to time for payment. He had been appointed receiver along with Barker and one Richards, in a sequestration...

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