IN RE FINKELSTEIN

No. 298.

102 F.2d 688 (1939)

In re FINKELSTEIN. GOLDSTEIN v. S. BLECHMAN & SONS, Inc.

Circuit Court of Appeals, Second Circuit.

March 27, 1939.


Attorney(s) appearing for the Case

Jacob P. Shulman, of New York City, for appellant.

Nathan B. Fogelson, of New York City, for appellee.

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


PER CURIAM.

This is an appeal from an order denying the defendant's motion for summary judgment in a plenary suit brought by a trustee in bankruptcy on November 10, 1938, to recover alleged preferences received by a creditor of the bankrupt. It is not a final order and is therefore not appealable. Jurisdiction of the district court rests upon sections 23b and 60b of the Bankruptcy Act, 11 U.S.C.A. §§ 46(b) and 96(b). Prior to the 1938 amendments to the Bankruptcy...

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