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MILKMAN v. LISSAK

No. 196.

126 F.2d 204 (1942)

MILKMAN v. LISSAK et al.

Circuit Court of Appeals, Second Circuit.

February 26, 1942.

Attorney(s) appearing for the Case

George Ungar, of New York City, (Frederick E. Weinberg, of New York City, of counsel), for appellants.

William J. Rudin, of Brooklyn, N. Y., for appellee.

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

SWAN, Circuit Judge.

This action is the sequel to litigation which was before this court in Re Lissak, 2 Cir., 110 F.2d 370. By a summary proceeding in the bankruptcy court the trustee in bankruptcy sought an order directing the bankrupt to deliver possession of the policy and to execute the papers necessary to enable the trustee to collect the cash surrender value thereof. The bankrupt asserted as an affirmative defense that the...

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