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DRINC-O-MATIC v. FRANK

No. 220.

141 F.2d 177 (1944)

DRINC-O-MATIC, Inc., v. FRANK et al.

Circuit Court of Appeals, Second Circuit.

March 3, 1944.

Attorney(s) appearing for the Case

McInnes & Gamble, of New York City (Vahan H. Kalenderian, of New York City, of counsel), for appellant.

Underhill & Rubinger, of New York City (Maurice Rubinger, of New York City, of counsel), for appellees.

Before SWAN, CLARK, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal from an order expunging a claim filed by the appellant in the reorganization proceedings of Fountain Machines, Inc. The claim arose out of a contract for the purchase by the claimant from the debtor of 25 soda dispensing machines. The written contract of November 22, 1941, exhibit F, provided that the buyer was to send $100 per machine at the time of ordering delivery, to "arrange credit at the Second National Bank of Nashua...

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