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IN RE GLAZER'S INC.

No. 488.

66 F.2d 513 (1933)

In re GLAZER'S, Inc. LAMSON CO., Inc., v. EVANS.

Circuit Court of Appeals, Second Circuit.

July 25, 1933.

Attorney(s) appearing for the Case

Daniel Pouzzner and Samuel Campner, both of New Haven, Conn., for appellant trustee in bankruptcy.

Townsend & Kindleberger, of New York City (E. Crosby Kindleberger and Howard C. Campbell, both of New York City, of counsel), for claimant-appellee Lamson Company, Inc.

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

AUGUSTUS N. HAND, Circuit Judge.

Lamson Company, Inc., filed a claim with the trustee in bankruptcy of Glazer's, Inc., in the sum of $5,977.47. The referee allowed $706 of the claim, but disallowed the item of $5,271.47 because he deemed it was based upon a provision in the contract upon which the proof of claim was founded which provided for an illegal penalty. Lamson Company, Inc., petitioned to review the referee's order, and the District Judge reversed the referee...

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