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IN RE VICTORIA FUSILLI CO.

No. 40.

79 F.2d 611 (1935)

In re VICTORIA FUSILLI CO., Inc. GAMALDI v. COLON.

Circuit Court of Appeals, Second Circuit.

November 12, 1935.

Attorney(s) appearing for the Case

Harry I. Farbman, of New York City (Jacob L. Holtzmann, of New York City, of counsel), for appellant.

Morris E. Packer, of Brooklyn, N. Y., for trustee.

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

CHASE, Circuit Judge.

George Colon, the father of the appellant, owned and held, two of the shares being in the names of his nominees, one thousand of the shares of the capital stock of the bankrupt, a New York corporation, and was also a large creditor of the bankrupt for money loaned to it when application was made to him for an additional loan. The shares he owned constituted two-thirds of the entire capital stock of the bankrupt. He replied that he would lend...

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