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RABEKOFF v. LAZERE & CO.

No. 6, Docket 27511.

323 F.2d 865 (1963)

Sidney RABEKOFF, trustee in bankruptcy of Acorn Industries, Inc., Plaintiff-Appellee, v. LAZERE & CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 22, 1963.

Attorney(s) appearing for the Case

Sidney Feldshuh, New York City (Sidney Rabekoff, New York City, on the brief), for plaintiff-appellee.

George Natanson, New York City (Natanson & Gordon, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

The Trustee in Bankruptcy filed suit in the United States District Court for the Southern District of New York to recover payments of $31,696.67 made by the bankrupt to the defendant Lazere pursuant to a stipulation in an attachment action brought by Lazere against the bankrupt in the state court. The Trustee's complaint contained two theories of action. The first cause of action alleged that these payments constituted preferences under...

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