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IN RE MARSHALL

24 F.Supp. 1012 (1938)

In re MARSHALL.

District Court, S. D. New York.

June 22, 1938.

Attorney(s) appearing for the Case

Stanley Ide LaCov, of New York City (John M. Percy, of New York City, of counsel), for petitioner.

Samuel I. Osofsky, of Yonkers, N. Y., for bankrupt.

PATTERSON, District Judge.

Isaac Leon Corporation, a creditor of the bankrupt, brought a petition to have the bankruptcy court declare the effect of the discharge granted to the bankrupt and enjoin the bankrupt from using the discharge as a defense to the petitioner's claim.

The facts are not disputed. The petitioner in 1932 brought an action in the New York Supreme Court against Marshall and National Surety Company, alleging in the complaint that Marshall...

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