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BANKERT v. REZEY

No. 66, Docket 28360.

337 F.2d 377 (1964)

Robert A. BANKERT, as Trustee of Francis J. A. Delia, Jr., Bankrupt, Plaintiff-Appellee, v. George REZEY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 14, 1964.

Attorney(s) appearing for the Case

Evans, Pirnie & Burdick, Utica, N. Y., for plaintiff-appellee.

Francis P. Finnegan, Utica, N. Y., for defendant-appellant.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

PER CURIAM:

The trustee in bankruptcy of Francis J. A. Delia, Jr. brought suit under 11 U.S.C. § 96, in the United States District Court for the Northern District of New York, to recover property claimed to have been preferentially transferred by the bankrupt to the defendant. The trustee was awarded judgment by Brennan, J., in a careful unreported memorandum decision dated May 22, 1963. The district judge found that Delia was insolvent at the time of the transfer...

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