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MERRILL v. DAY

No. 5087.

63 F.2d 888 (1933)

MERRILL v. DAY. In re THOMAS.

Circuit Court of Appeals, Third Circuit.

February 20, 1933.

Attorney(s) appearing for the Case

Earle A. Merrill, of Westfield, N. J., for petitioner.

Samuel J. Kaufman, of Newark, N. J., for respondent.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM.

This case arises over an alleged claim which the trustee in bankruptcy of the estate of George E. Thomas has against Joseph P. Day for $8,337.72.

This case was here before. The District Court heard the same questions which are raised in the petition before us, and made its order adverse to the trustee's contention on May 6, 1931, wherein it stated that the trustee in bankruptcy "has no claim whatsoever against the said Joseph P. Day and Pauline...

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