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IN RE KOUNTZE BROS.

No. 308.

103 F.2d 785 (1939)

In re KOUNTZE BROS. et al. CITY OF LOS ANGELES, CAL., v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

May 1, 1939.

Attorney(s) appearing for the Case

W. Morton Carden, of New York City (Thomson, Wood & Hoffman and John H. Hoffman, all of New York City, of counsel), for appellant.

Allen R. Memhard, of New York City (Henry A. Jones, of New York City, of counsel), for appellee.

Before L. HAND, CLARK, and PATTERSON, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal by the City of Los Angeles, California, from an order of the District Court which affirmed an order of dismissal by the referee in bankruptcy of the City's petition to reclaim $103,051.63 from the appellee as trustee in bankruptcy of Kountze Brothers. The sum in question is the unpaid balance of a deposit of $150,000, made by the City with the bankrupts shortly before they ceased to do business, for the purpose of providing...

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