TOBIN v. PLEIN

No. 224, Docket 27138.

301 F.2d 378 (1962)

Saul G. TOBIN, as Trustee in Bankruptcy of A. Plein & Co. Inc., Petitioner-Appellant, v. Aaron PLEIN, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 6, 1962.


Attorney(s) appearing for the Case

Joseph Lewis Simon, of Schwartz & Duberstein, Brooklyn, N. Y. (Max Schwartz, of Schwartz & Duberstein, Brooklyn, N. Y., on the brief), for trustee-appellant.

Sydney Krause, of Krause, Hirsch, Gross & Heilpern, New York City, for appellee.

Before CLARK, SMITH, and HAYS, Circuit Judges.


CLARK, Circuit Judge.

On June 23, 1960, A. Plein & Co. Inc. was adjudicated a bankrupt, and appellant qualified as trustee. On September 20, 1960, some 89 days later, the trustee petitioned the referee in bankruptcy for leave to commence arbitration against Aaron Plein pursuant to an arbitration clause contained in a contract executed on September 18, 1959, between Plein and the bankrupt corporation and a third party, Isaac Charchat. An order granting leave to...

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