IN RE WORLD CIGAR CO.

No. 37311.

49 F.Supp. 134 (1943)

In re WORLD CIGAR CO., Inc.

District Court, E. D. New York.

March 8, 1943.


Attorney(s) appearing for the Case

Benjamin Rosen, of New York City (Harry Malter, of New York City, of counsel), for the motion.

Henry Krinsky, of New York City, for respondents Samuel Canin, Jr., and Joseph Hurwitz, opposed.


BYERS, District Judge.

Trustee's motion to reverse Referee's order denying turnover against Samuel Canin, Jr., and Joseph Hurwitz, the sole and equal stockholders of the bankrupt, and its president and treasurer.

The Referee has made findings and conclusions which must be accepted unless clearly erroneous. I regard the Fourth finding of fact and the First conclusion of law to be just that; the former is in part: "The books are of no aid to the trustee because...

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