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BERLEY v. FIOL

No. 148.

124 F.2d 676 (1942)

BERLEY v. FIOL.

Circuit Court of Appeals, Second Circuit.

January 12, 1942.

Attorney(s) appearing for the Case

Edward G. Baker, of St. George, S. I., N. Y. (Edward G. Baker, of St. George, S. I., N. Y., and Irving Ginsberg, of Staten Island, N. Y., of counsel), for Thomas F. Berley.

Leon Fiol, Trustee in Bankruptcy, appellee and attorney in person.

Kamen & Ostertag, of New York City (S. S. Ostertag, of New York City, of counsel), for E. B. Latham & Co., objecting creditors, appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

The appellant Berley filed his petition for a discharge in bankruptcy. There were objections made by Leon Fiol, the trustee, and by E. B. Latham & Co., a judgment creditor. The objections were based upon alleged false representations in writing to obtain "money or property on credit" to: (a) Ideal Personal Finance Association in November, 1936; April, 1937; September, 1937, and May, 1938; (b) Central Public Loan Corporation, successor...

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