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IN RE SMITH

No. 125, Docket 25178.

263 F.2d 153 (1959)

In the Matter of Edward S. SMITH, Bankrupt. Rothkopf Associates, Inc., Appellant, Morris Ploscowe, Trustee in Bankruptcy, Appellee.

United States Court of Appeals Second Circuit.

Decided February 5, 1959.

Attorney(s) appearing for the Case

Jacques J. Katz, New York City (Edward Norwalk and Michael C. Gray, New York City, on the brief), for appellant.

Edgar H. Booth, New York City (Booth, Lipton & Lipton, New York City, on the brief), for appellee.

Before MEDINA, LUMBARD and BURGER, Circuit Judges.

MEDINA, Circuit Judge.

This case involves an interesting legal jig saw puzzle arising out of an application by the trustee in bankruptcy of Edward S. Smith to direct Rothkopf Associates, Inc., Smith's landlord, to pay over the sum of $500 allegedly received by Rothkopf for the bankrupt's account eighteen days after the adjudication of bankruptcy. The Referee in Bankruptcy denied the motion, but he was overruled by the District Court. Rothkopf appeals.

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