FINKELSTEIN v. TANZER

No. 267.

119 F.2d 634 (1941)

FINKELSTEIN v. TANZER et al.

Circuit Court of Appeals, Second Circuit.

May 5, 1941.


Attorney(s) appearing for the Case

Feldman & Barrett, of New York City (Maxwell Barrett, of New York City, of counsel), for appellants.

Benjamin Siegel, of New York City (Benjamin Brownstein, of New York City, on the brief), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

This is an appeal from an order in bankruptcy in the usual "turn over" proceeding. The respondents were the three officers and directors of the bankrupt company and its only shareholders; they had full charge of its affairs. The case against them was made from the corporate books and for its validity presupposed that between January 1, 1939, and October 28th, 1939, the bankrupt had not sold below cost; if this was true, the respondents had not accounted...

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