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DAVIS v. NATIONAL MORTGAGE CORP.

No. 405, Docket 28102.

320 F.2d 90 (1963)

Mortimer J. DAVIS, as Trustee in Bankruptcy of Julius Portner d/b/a J. P. Paint Co., Plaintiff-Appellee, v. NATIONAL MORTGAGE CORP., Samuel Gruskin, Julius Portner and Louis Portner, Defendants, Julius Portner Paint Co., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 18, 1963.

Attorney(s) appearing for the Case

Emanuel Stempel, New York City (Alfred Fayer, New York City, on the brief), for defendant-appellant.

Julius Zizmor, New York City, for plaintiff-appellee.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and BRYAN, District Judge.

PER CURIAM.

The Julius Portner Paint Company appeals from a default judgment in the sum of $55,378.75 and execution thereon entered against it on February 27, 1963.

The Paint Company was one of several defendants in this action by the Trustee in Bankruptcy of Julius Portner seeking damages for conspiracy to defraud the creditors of the bankrupt. The district judge entered an order on February 13, 1963 which stated that upon failure of the defendant Paint Company...

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