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NORTEX TRADING CORP. v. NEWFIELD

No. 139, Docket 27644.

311 F.2d 163 (1962)

NORTEX TRADING CORP., Claimant-Appellant, v. Samuel NEWFIELD, Trustee of Kaunitz & O'Brien, Inc., Bankrupt, Trustee-Appellee.

United States Court of Appeals Second Circuit.

Decided December 20, 1962.

Attorney(s) appearing for the Case

Rothstein & Korzenik, New York City (Harold Korzenik, New York City, of counsel), for claimant-appellant.

David Haar, New York City, for trustee-appellee.

Before LUMBARD, Chief Judge, and CLARK and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge.

Nortex Trading Corp. filed a proof of claim in the above-entitled bankruptcy proceeding, founded upon a series of promissory notes of the bankrupt. The claim was accompanied by a power of attorney in favor of Nortex's attorneys, which expressly authorized them to receive all notices in the proceeding. Subsequently, the trustee in bankruptcy petitioned the referee to issue an order to show cause why Nortex should not "pay to the trustee herein...

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