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IN RE EAKIN

No. 228.

154 F.2d 717 (1946)

In re EAKIN.

Circuit Court of Appeals, Second Circuit.

April 15, 1946.

Attorney(s) appearing for the Case

Abraham L. Popper, of New York City, for trustee-appellant.

George L. Hubbell, Jr., of New York City (Hamlin, Hubbell, Davis, Hunt & Farley, of New York City, on the brief), for appellee.

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

PHILLIPS, Circuit Judge.

Eakin1 filed a voluntary petition in bankruptcy on July 26, 1943. He then had on deposit, in Garden City Bank & Trust Company,2 on general account and in his name, $1,160.68. The Bank learned of the bankruptcy proceeding on July 28, 1943. The bankrupt advised the Bank that the funds on deposit were trust funds, and the Bank permitted him to check the funds out to the alleged beneficiaries...

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