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HALPERT v. ENGINE AIR SERVICE

No. 154, Docket 22931.

212 F.2d 860 (1954)

HALPERT v. ENGINE AIR SERVICE, Inc. et al.

United States Court of Appeals, Second Circuit.

Decided April 27, 1954.

Rehearing Denied May 26, 1954.

Attorney(s) appearing for the Case

Moore and Swartz, Garden City, N. Y. (James G. Moore and Emerson A. Swartz, Garden City, N. Y., of counsel), for appellants.

Max Schwartz and William J. Rudin, Brooklyn, N. Y., for appellee.

Before CLARK, FRANK and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

The plaintiff in the court below (the appellee here), as Trustee in Bankruptcy of The Carburetor Corporation, instituted this plenary action1 on a complaint which alleged a voidable transfer under Section 70 of the Bankruptcy Act, 11 U.S.C.A. § 110, and under state law. The original complaint, dated June 22, 1953, also alleged preferential transfers within the ambit...

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