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IN RE LUMA CAMERA SERVICE

No. 31, Docket 20284.

157 F.2d 951 (1946)

In re LUMA CAMERA SERVICE, Inc.

Circuit Court of Appeals, Second Circuit.

November 11, 1946.

Attorney(s) appearing for the Case

Max Schwartz, of New York City, for appellant.

Glass & Lynch and Benjamin H. Wicksel, both of New York City (Leslie Kirsch and Sidney Freiberg, both of New York City, of counsel), for appellee.

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

FRANK, Circuit Judge.

1. To obtain the turnover order, the trustee had the burden of proving, by "clear and convincing evidence,"1 these two facts: (a) That Maggio wrongfully took (i.e., stole) the merchandise in November and December 1941, and (b) that he still possessed it, or its proceeds, when the referee entered that order one year and nine months later, in August 1943. With respect to the...

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