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KITZINGER v. GEO. V. CLARK CO.

No. 35.

146 F.2d 717 (1945)

KITZINGER v. GEO. V. CLARK CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 19, 1945.

Attorney(s) appearing for the Case

Louis Gischner, of New York City (Eugene Newman, Louis Gischner, and Lewis M. White, all of New York City, of counsel), for Stanley Kitzinger, bankrupt-appellant.

Riegelman, Strasser, Schwarz & Spiegelberg, of New York City (John F. Finn, Jr., of New York City, of counsel), for Geo. V. Clark Co. Inc., objecting creditor-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The question raised by this appeal is whether the referee in bankruptcy erred in denying a discharge to the bankrupt Stanley Kitzinger on the ground that the latter had obtained credit from the objecting creditor Geo. V. Clark Co., Inc., by making a materially false statement in writing respecting the bankrupt's financial condition, and whether the District Court erred in affirming the decision of the referee. We think that the financial...

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