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ROSOF v. ROTH

169 F.Supp. 707 (1957)

Murray ROSOF, as Trustee in Bankruptcy of George A. Bell, Inc., Bankrupt, Plaintiff, v. Murray ROTH, doing business as Atlas Sheet Metal Works, Defendant.

United States District Court S. D. New York.

October 9, 1957.

Attorney(s) appearing for the Case

Irving J. Berman, New York City (A. Bernard King, New York City, of counsel), for plaintiff.

Chauncey H. Levy, New York City (Sydney Basil Levy, New York City, of counsel), for defendant.

LEVET, District Judge.

This is an action by the trustee in bankruptcy of George A. Bell, Inc. to recover the sum of $8,197.56, allegedly paid by the bankrupt corporation to the defendant at a time when the bankrupt corporation was insolvent and within four months before the filing of the petition in bankruptcy. The original complaint was couched in terms of an action at law to recover a preference under Section 60, sub. b of the Bankruptcy Act, 11 U.S.C. A. §...

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