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RUMSEY MFG. CORP. v. UNITED STATES

No. 46, Docket 22436.

206 F.2d 565 (1953)

RUMSEY MFG. CORP. et al. v. UNITED STATES. In re RUMSEY MFG. CORP.

United States Court of Appeals Second Circuit.

Decided August 24, 1953.

Attorney(s) appearing for the Case

Averbach & Bonney, Seneca Falls, N. Y., Albert Averbach, Syracuse, N. Y. (Theodore C. Bonney, Norwich, N. Y., of counsel), for the bankrupt and its trustee, appellants.

Robert M. Brandt, Geneva, N. Y., Cook, Cook & Brandt, for Salone and other wage creditors, appellants.

Warren E. Burger, Asst. Atty. Gen., George L. Grobe, U. S. Atty., and R. Norman Kirchgraber, Asst. U. S. Atty. (Paul A. Sweeney and Cornelius J. Peck, Washington, D. C., Attorneys, Department of Justice, of counsel), for appellee.

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

SWAN, Circuit Judge.

In December 1946, Rumsey Manufacturing Corporation brought an action for breach of contract against United States Hoffman Machinery Corporation. Rumsey was adjudicated bankrupt in August 1947 and its trustee in bankruptcy, Arthur T. McAvoy, became an additional party plaintiff in the Hoffman action.1 Thereafter the plaintiffs got a judgment against Hoffman which this court modified in certain respects.

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