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IN RE WESTON

No. 140.

68 F.2d 913 (1934)

In re WESTON et al. BROWER v. SCHLOTT et al.

Circuit Court of Appeals, Second Circuit.

January 8, 1934.

Attorney(s) appearing for the Case

Zalkin & Cohen, of New York City (Israel Akselrod, of New York City, of counsel), for trustee.

Underhill & Foster, of Brooklyn, N. Y. (James K. Foster, of Brooklyn, N. Y., of counsel), for appellee First Nat. Bank of Farmingdale.

Irving Lemov, of Jamaica, L. I. N. Y., for appellee Howard J. Schlott.

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

MANTON, Circuit Judge.

The Westchester Construction Company, a copartnership and contractors, performed public work for the State of New York in the erection of storm sewers. The sum of $26,000 was claimed to be due to the bankrupts for the work completed when the petition in bankruptcy was filed on April 29, 1932. The state disputes the amount.

The appellee bank held an assignment of the money due on the contract and shortly prior to and immediately after...

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