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IN RE V. LOEWER'S GAMBRINUS BREWERY CO.

No. 188, Docket 20891.

167 F.2d 318 (1948)

In re V. LOEWER'S GAMBRINUS BREWERY CO. FLYNN v. LOEWER REALTY CO.

Circuit Court of Appeals, Second Circuit.

March 31, 1948.

Attorney(s) appearing for the Case

Finke & Jacobs, of New York City (Marcy Finke, of New York City, of counsel), for claimant-appellant.

Glass & Lynch, of New York City (Leslie Kirsch, Bernard Alpert and Sidney Freiberg, all of New York City, of counsel), for trustee-appellee.

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

FRANK, Circuit Judge.

The opinion of the district court, reported in 74 F.Supp. 909, sets forth the Referee's findings and conclusions. Neither the Referee nor the Judge found fraud; nor did either of them find that the debt was a sham (although their opinions perhaps so imply). The Referee, however, explicitly found as a fact that, at all pertinent times to the date of bankruptcy, appellant, the Realty Company, and the bankrupt...

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