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IN RE J. P. LINAHAN, INC.

No. 99.

133 F.2d 688 (1943)

In re J. P. LINAHAN, Inc.

Circuit Court of Appeals, Second Circuit.

January 8, 1943.

Attorney(s) appearing for the Case

Baar, Bennett & Fullen, of New York City, for debtor-appellant.

Weinstein & Levinson, of New York City (Frank Weinstein, Samuel J. Levinson, and John P. Hurley, all of New York City, of counsel), for Agatha L. Moore and others.

Raymond J. Scully, of New York City, for Sargent & Co.

Trachman & Krosner, of New York City (Hilbert I. Trachman and Irving R. Krosner, both of New York City, of counsel), for Anna Louise Linahan, etc., and 13 other stockholders-appellees.

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

FRANK, Circuit Judge.

On February 20, 1940, three creditors of the debtor filed an involuntary petition for reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. The petition alleged the debtor's insolvency and the commission of an act of bankruptcy, i. e., the transfer of approximately $40,000, while insolvent, with intent to prefer, to unnamed creditors. On February 21, the debtor's Board...

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