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SIMS v. CAPITOL REFRIGERATION CO., INC.

No. 234, Docket 26614.

294 F.2d 111 (1961)

Charles W. SIMS, Trustee in Bankruptcy for Fred Graziane, Appellant, v. CAPITOL REFRIGERATION CO., INC., Universal C. I. T. Credit Corporation, Globe Slicing Machine Co., Inc., and The Vaughn Co., Appellees.

United States Court of Appeals Second Circuit.

Decided August 28, 1961.

Attorney(s) appearing for the Case

Cooper, Erving & Savage, Albany, N. Y. (Prescott C. Sook, Albany, N.Y., of counsel), for appellant.

Poskanzer & Muffson, Albany, N. Y., for appellee Capitol Refrigeration Co., Inc.

Koblenz & Koblenz, Albany, N.Y., for appellees Globe Slicing Machine Co., and The Vaughn Co.

Harvey M. Lifset, Albany, N.Y., for appellee Universal C. I. T. Credit Corporation.

Before LUMBARD, Chief Judge, MADDEN, Judge, U. S. Court of Claims, and WATERMAN, Circuit Judge.

WATERMAN, Circuit Judge.

Appellant, Charles W. Sims, is the trustee in bankruptcy for one Fred Graziane, who was adjudicated a bankrupt on December 28, 1956. Graziane was a resident of the Town of Halfmoon, New York, though his post office address was Waterford, New York, a town adjacent to Halfmoon. Appellant took possession of refrigeration equipment and display cases that were chattels that had been delivered to the bankrupt by the appellee Capitol Refrigeration...

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