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ROSOF v. ROTH

No. 52, Docket 24939.

262 F.2d 829 (1959)

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

United States Court of Appeals Second Circuit.

Decided January 12, 1959.

Attorney(s) appearing for the Case

A. Bernard King, New York City, (Irving J. Berman, New York City, on the brief), for plaintiff-appellant.

Sydney Basil Levy, New York City, (Chauncey H. Levy, and Sydney Basil Levy, New York City, on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiff, as the trustee in bankruptcy of George A. Bell, Inc., appeals from a judgment dismissing the complaint in an action brought by him to recover $8,197.56 from defendant. The original complaint alleged in substance that defendant, having reasonable cause to believe the bankrupt insolvent, had received a preferential payment (March 30, 1950) at a time when the bankrupt was insolvent and within four months of the filing of the petition...

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