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IN RE NOVELTY BELTS MANUFACTURING CO.

173 F.Supp. 461 (1959)

In the Matter of NOVELTY BELTS MANUFACTURING CO., Inc., Bankrupt.

United States District Court S. D. New York.

April 30, 1959.

Attorney(s) appearing for the Case

Nemeroff, Jelline, Danzig & Paley, New York City, for petitioner.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for trustee.

WEINFELD, District Judge.

Petitioner, Eastern Factors, Inc., seeks review and reversal of an Order of the Referee in Bankruptcy which declared null and void a chattel mortgage executed to it by the Bankrupt, Novelty Belts Manufacturing Co., Inc.

The Referee found that the mortgage was intended to operate as a mortgage upon a stock of merchandise in bulk or upon merchandise and fixtures pertaining to the conduct of the business of the Bankrupt, and since notice...

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