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LINDNER v. KILSHEIMER

No. 353, Docket 26801.

289 F.2d 340 (1961)

Charles LINDNER, Appellant, v. James B. KILSHEIMER III, as Trustee in Bankruptcy of Jacob Eichel, Appellee.

United States Court of Appeals Second Circuit.

Decided May 3, 1961.

Rehearing Denied May 22, 1961.

Attorney(s) appearing for the Case

Francis Finkelhor, New York City, for appellant.

James B. Kilsheimer, III, New York City (Leo Kaplan, New York City, on the brief), for appellee.

Before MEDINA, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Jacob Eichel, a lawyer, was adjudicated an involuntary bankrupt on December 15, 1959. Schedule A-3, annexed to his statement of affairs, filed in March, 1960, showed Charles Lindner, the appellant, as an unsecured creditor for $17,400. Two months earlier Lindner had filed a claim alleging the bankrupt was indebted to him for $62,232. Of this total $20,000 was represented by a note dated July 1, 1957, which was annexed, and the balance consisted...

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