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IN RE FORSYTHE SHOE CORPORATION

3 F.Supp. 328 (1933)

In re FORSYTHE SHOE CORPORATION.

District Court, S. D. New York.

January 18, 1933.

Attorney(s) appearing for the Case

Lippitt & Berle, of New York City (R. P. Berle, of New York City, of counsel), for claimant Amesbury Shoe Co., Inc.

Shaine & Weinrib, of New York City (Maurice L. Shaine, of New York City, of counsel), for trustee.

PATTERSON, District Judge.

A reclamation proceeding was brought by the Amesbury Shoe Company to regain merchandise said to have been sold and delivered to the bankrupt in reliance upon false representations made by the latter as to its financial condition. The referee, after taking proof, dismissed the petition.

Early in February, 1932, the seller received an order from the bankrupt for the shoes in question. The...

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