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FOURTEENTH AVE. SECURITY LOAN ASS'N v. SQUIRE

No. 6450.

96 F.2d 799 (1938)

FOURTEENTH AVE. SECURITY LOAN ASS'N v. SQUIRE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied June 3, 1938.

Attorney(s) appearing for the Case

Lawrence Friedman, of Newark, N. J. (Philip J. Schotland, of Newark, N. J., of counsel), for appellant.

George H. Rosenstein, of Newark, N. J., for appellee.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

BIGGS, Circuit Judge.

The appellee filed a voluntary petition in bankruptcy upon January 18, 1936, and was duly adjudged a bankrupt upon the same day. The schedules filed by him omitted to schedule the claim of the appellant which was a judgment-creditor in the sum of $369.57. The appellee alleges that this omission was due to inadvertence since he was unaware that the appellant had secured a judgment against him. The estate of the appellee was without assets.

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