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COSTELLO v. FAZIO

No. 15587.

256 F.2d 903 (1958)

John COSTELLO, Trustee in Bankruptcy of Leonard Plumbing and Heating Supply, Inc., Bankrupt, Appellant, v. J. A. FAZIO and Lawrence C. Ambrose, Appellees.

United States Court of Appeals Ninth Circuit.

May 28, 1958.

Attorney(s) appearing for the Case

Francis P. Walsh, Henry Gross, James M. Conners, Stuart R. Dole, San Francisco, Cal., for appellant.

Shapro & Rothschild, San Francisco, Cal., for appellees.

Before HEALY, FEE and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge.

Creditors' claims against the bankrupt estate of Leonard Plumbing and Heating Supply, Inc., were filed by J. A. Fazio and Lawrence C. Ambrose. The trustee in bankruptcy objected to these claims, and moved for an order subordinating them to the claims of general unsecured creditors. The referee in bankruptcy denied the motion, and his action was sustained by the district court. The trustee appeals.

The following facts are not in dispute...

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