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IN RE SAVOIA MACARONI MFG. CO.

No. 26.

79 F.2d 530 (1935)

In re SAVOIA MACARONI MFG. CO., Inc. Appeal of MERCANTILE CONTRACT PURCHASE CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

November 4, 1935.

Attorney(s) appearing for the Case

I. Bregoff, of New York City (I. Bregoff and D. J. Orgain, both of New York City, of counsel), for appellants.

Furst, Schwartz, Schwager & Landau, of Brooklyn, N. Y. (H. Sidney Landau, of Brooklyn, N. Y., and Hamilton Lieb, of New York City, of counsel), for trustee.

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

MANTON, Circuit Judge.

The appellants held conditional sale contracts on certain macaroni-making machinery in possession of the bankrupt. These contracts had been filed in the register's office of Kings county, N. Y., as required by state statute (N. Y. Personal Property Law [Consol. Laws, c. 41] §§ 62, 63). The bankrupt became financially embarrassed, and at a creditors' meeting, called for that purpose, an agreement was drawn whereby the creditors were...

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