IN RE INDIANA FLOORING CO.

No. 41.

62 F.2d 763 (1933)

In re INDIANA FLOORING CO. B. & O. HIGHWAY TRANSP. CORPORATION v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

January 23, 1933.


Attorney(s) appearing for the Case

Thomas L. Zimmerman, Jr., of New York City (Oppenheimer, Haiblum & Kupfer, Milton P. Kupfer, and Eli S. Silberfeld, all of New York City, of counsel), for appellant.

McManus, Ernst & Ernst, of New York City (Irving L. Ernst and Lester D. Melzer, both of New York City, of counsel), for Irving Trust Company, as trustee, etc.

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


MANTON, Circuit Judge.

The Indiana Flooring Company was adjudicated a bankrupt May 1, 1929. The B. & O. Highway Transportation Corporation, appellant, was organized in 1919, and its stock was issued to the four stockholders of the Indiana Flooring Company in proportion to their holdings in that corporation. Two automobile trucks for which the Indiana Flooring Company had contracted previously were delivered to the appellant when first organized, and the appellant...

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