TRADEWELL FOODS v. NEW YORK CREDIT MEN'S ADJ. BUR.

No. 125, Docket 21510.

179 F.2d 567 (1950)

TRADEWELL FOODS, Inc. v. NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, Inc. et al.

United States Court of Appeals Second Circuit.

Decided January 25, 1950.


Attorney(s) appearing for the Case

Shereff Brothers, of New York City (Louis H. Shereff, of New York City, of counsel), for appellant Tradewell Foods, Inc.

Kent, Hazzard & Jaeger, of White Plains, N. Y. (George Beisheim, Jr., of White Plains, N. Y., of counsel), for respondent New York Credit Men's Adjustment Bureau, Inc.

Hall, Cunningham & Haywood, of New York City (C. Harold Taylor, of New York City, of counsel), for respondent County Trust Co.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.


CLARK, Circuit Judge.

Petitioner, Tradewell Foods, Inc., sought review by the district court of an order by a bankruptcy referee expunging its claim against the bankrupt estate of Rowe Food Stores, Inc., and now appeals from the district court's affirmance of the order. Its claim, for which it asserted priority over claims accruing prior to the commencement of proceedings, was for damages for breach of a contract to purchase the bankrupt's assets made by the bankrupt...

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