Joseph J. RICOTTA, as Trustee of L. E. Kimball Construction Co., Inc., Bankrupt, Plaintiff-Appellee,
v.
BURNS COAL & BUILDING SUPPLY COMPANY, Defendant-Appellant.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued February 5, 1959.
Decided March 16, 1959.
Attorney(s) appearing for the Case
Mark N. Turner, of Woodin & Woodin, Dunkirk, N. Y. (Glenn W. Woodin and Edwin G. O'Connor, of Woodin & Woodin, Dunkirk, N. Y., on the brief), for defendant-appellant.
Anthony J. Spann, of Palmer & Spann, Dunkirk, N. Y., for plaintiff-appellee.
Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.
United States Court of Appeals Second Circuit.
CLARK, Chief Judge.
Defendant appeals from a judgment, D.C.W.D.N.Y., 162 F.Supp. 214, setting aside as voidable preferences payments totaling $11,863.46 received by it from a bankrupt, of whose estate plaintiff is trustee. Defendant received these payments and an additional $8,979.98, which the trustee did not seek to recover below, within four months of bankruptcy for building materials furnished the bankrupt. The $11,863.46...
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