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IN RE GLASSMAN

No. 13452.

262 F.2d 857 (1958)

In the Matter of Martin GLASSMAN and Sol Werber, individually and d/b/a Cheer Super Market and Joy-Livernois Super Market, Bankrupts, UNITED DAIRIES, Inc., Appellant, v. Stuart E. HERTZBERG, Trustee, Appellee.

United States Court of Appeals Sixth Circuit.

December 23, 1958.

Attorney(s) appearing for the Case

Oscar Freedenberg, Detroit, Mich., Leonard Gurwin, Detroit, Mich., on the brief, for appellant.

Allan B. Schmier, Detroit, Mich., for appellee.

Before ALLEN, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This appeal is prosecuted to a judgment of the United States District Court for the Eastern District of Michigan which construed M.S.A. Section 19.371 of the Michigan Bulk Chattel Mortgage Act, Comp.Laws 1948, § 442.51. The bankrupt executed a bulk chattel mortgage to secure a past consideration, a present consideration, and future advancements. It is conceded that notice was not given to creditors of the mortgagor as required by the statute. The...

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