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CONTINENTAL BANK & TRUST CO. v. WINTER

No. 109.

153 F.2d 397 (1946)

CONTINENTAL BANK & TRUST CO. OF NEW YORK v. WINTER.

Circuit Court of Appeals, Second Circuit.

February 4, 1946.

Attorney(s) appearing for the Case

Shaine & Weinrib, of New York City, (Edward C. Weinrib and Edward J. Mallin, both of New York City, of counsel), for alleged bankrupt-appellee.

Gettinger & Gettinger, of New York City (Paul P. Gettinger and Samuel W. Sherman, both of New York City, and Louis B. Fine, of Norfolk, Va., of counsel), for petitioning creditor-appellant.

Before SWAN, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

It is apparent that the allegations in the original petition were insufficient, In re Rosenblatt & Co., 2 Cir., 193 F. 638, and the presently controverted issue is whether the proposed amendment would have cured the defects by adequately alleging an act of bankruptcy committed within four months of the filing of the petition within the requirement of § 3 sub. b of the Bankruptcy Act, 11 U.S.C.A. § 21, sub. b.

For present...

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