BYRNE, District Judge.
The trustee in bankruptcy filed this action to set aside an alleged voidable preference under Section 60 of the Bankruptcy Act, 11 U.S.C.A. § 96. There is no substantial controversy as to the facts.
In 1947 defendant leased premises to the bankrupt, Homan's Inc., for use as an "onsale" liquor store. By May, 1950 the bankrupt was insolvent and indebted to the defendant in the sum of $2,000 representing five months unpaid rent.
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