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PERLMAN v. 322 WEST SEVENTY-SECOND STREET CO.

No. 220.

127 F.2d 716 (1942)

PERLMAN v. 322 WEST SEVENTY-SECOND STREET CO., Inc.

Circuit Court of Appeals, Second Circuit.

April 11, 1942.

Attorney(s) appearing for the Case

Samuel Masia, of New York City (Archibald Palmer, of New York City, on the brief), for bankrupt-appellant.

Herbert E. Kaufman, of New York City (Arthur L. Newman, II, of New York City, on the brief), for creditor-appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, C. E., Circuit Judge.

The bankrupt Perlman filed his voluntary petition in bankruptcy on May 24, 1941. 322 West 72nd Street Co., Inc., was scheduled as a creditor. Subsequent to the formal adjudication of bankruptcy, this creditor moved to dismiss the bankruptcy proceedings, or to exclude from consideration its debt and any others similarly situated. As grounds for its motion, it relied on a prior proceeding, involving this bankrupt and the same creditor, which...

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