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ROCKMORE v. SCHILLING

No. 9504.

167 F.2d 204 (1948)

ROCKMORE v. SCHILLING. In re SCHILLING PRESS, Inc.

Circuit Court of Appeals, Third Circuit.

Decided March 23, 1948.

Attorney(s) appearing for the Case

Max Rockmore, of New York City (Larkey, Mareiniss & Snyder, Barney Larkey and Max J. Mareiniss, all of Newark, N. J., on the brief), for appellant.

Paul T. Huckin, of Englewood, N. J. (Huckin & Huckin, of Englewood, N. J., on the brief), for appellee.

Before MARIS, GOODRICH, and O'CONNELL, Circuit Judges.

O'CONNELL, Circuit Judge.

A petition for reorganization of the Schilling Press, Inc. ("the Press") under the provisions of Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., was filed on August 21, 1942. Plaintiff is the duly-appointed trustee in bankruptcy. Defendant is a director and major stockholder of the Press; in addition, he was president and treasurer until January 3, 1933. Between January, 1933, and early 1942, the Press paid to defendant weekly...

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