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IN RE MARINE TRANSIT CORPORATION

No. 158.

94 F.2d 7 (1938)

In re MARINE TRANSIT CORPORATION. SOCONY-VACUUM OIL CO., Inc., v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

January 10, 1938.

Attorney(s) appearing for the Case

Louis Mead Treadwell, of New York City (Bernard J. Thole, of New York City, of counsel), for appellant.

McManus, Ernst & Ernst, of New York City (Lester D. Melzer, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

Upon its voluntary petition Marine Transit Corporation was adjudicated bankrupt March 21, 1934. Within six months thereafter Socony Vacuum Oil Company, the appellant, filed its proof of claim in the amount of $3,989.29 for fuel oils supplied to vessels of the bankrupt during the last three months of the year 1932. Although the supplies were furnished by a predecessor of the appellant, the legal situation is the same as though the appellant itself...

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