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SOUTH SUBURBAN SAFEWAY LINES, INC. v. CARCARDS, INC.

No. 298, Docket 24963.

256 F.2d 934 (1958)

SOUTH SUBURBAN SAFEWAY LINES, INC., Poughkeepsie Transit Co., Inc., Empire Bus Corp. and John Mazzola, d/b/a Long Ridge and High Ridge Bus Lines, Petitioning Creditors-Appellants, v. CARCARDS, INC., Appellee.

United States Court of Appeals Second Circuit.

Decided June 23, 1958.

Attorney(s) appearing for the Case

Jacob Rappaport, New York City, for appellants.

Jacob Frummer, Brooklyn, N. Y. (Nathan Permut, New York City, and I. Louis Kottler, Brooklyn, N. Y., on the brief), for appellee.

Before CLARK, Chief Judge, and HAND and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

This is an appeal from an order of Judge Herlands dismissing an involuntary petition in bankruptcy filed against Carcards, Inc. by the appealing petitioning-creditors. The petition was filed on November 7, 1957 and on November 12, 1957 the alleged bankrupt, by its verified answer, denied "each and every allegation in the * * * petition. * *" Thereafter, on November 19, 1957, Charles Schinitsky, Esq., was appointed Receiver, and as such took...

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