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BARTH EQUIPMENT CO. v. PERLSTEIN

No. 262.

128 F.2d 253 (1942)

BARTH EQUIPMENT CO., Inc., v. PERLSTEIN.

Circuit Court of Appeals, Second Circuit.

May 21, 1942.

Attorney(s) appearing for the Case

Goodman & Friedman, of New York City (Bernard Friedman and Leon R. Nemore, both of New York City, of counsel), for claimant-appellant.

Levin & Weintraub, of New York City (Benjamin Weintraub, of New York City, of counsel; Samuel Singer, of New York City, on the brief), for trustee-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The bankrupt, which operated a restaurant at the World's Fair, purchased certain equipment from the appellant on two contracts of conditional sale, totaling $2,894.79. On August 1, 1940, while in default in its payments on these contracts, the bankrupt filed a petition under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. Two weeks later, appellant brought on a motion in the bankruptcy proceeding for permission to reclaim the...

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