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SMYTH v. KAUFMAN

No. 328.

114 F.2d 40 (1940)

SMYTH v. KAUFMAN et al. In re J. D. KOPLIK & CO.

Circuit Court of Appeals, Second Circuit.

August 7, 1940.

Attorney(s) appearing for the Case

Harold Flatto, of New York City, for defendants-appellants.

Joseph Allentuck, of New York City (Bernard L. Seligman, of New York City, of counsel), for plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This action was brought by the trustee in bankruptcy of J. B. Koplik & Co. for the recovery of sums paid to the defendants and allegedly voidable and recoverable by the trustee in bankruptcy as preferences under Section 60, sub. b, of the Bankruptcy Act, 11 U.S.C.A. § 96, sub. b. The defendants are the executors under the will of Beccie Baruch, and they were sued both as individuals and in their representative capacity. Judgment...

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