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KATCHEN v. LANDY

No. 7483.

336 F.2d 535 (1964)

Louis KATCHEN and Howard M. Katchen, Appellants, v. Hyman D. LANDY, Trustee in Bankruptcy, Appellee. In the Matter of KATCHEN'S BONUS CORNER, INC., Bankrupt.

United States Court of Appeals Tenth Circuit.

September 9, 1964.

Attorney(s) appearing for the Case

Warren Martin, of Winner, Berge & Martin, Denver, Colo., for appellants.

Solomon Girsh, of Girsh & Rottman, Denver, Colo. (Robert B. Rottman, Denver, Colo., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS, PICKETT, LEWIS, BREITENSTEIN, HILL and SETH, Circuit Judges.

MURRAH, Chief Judge.

This appeal involves the bankruptcy court's summary jurisdiction of four counterclaims, three of which seek to recover voidable preferences, and one to recover from the claimant the purchase price of subscribed organizational stock of the bankrupt corporation. This latter claim does not appear to arise out of the same transaction on which the claim is based. The trial Court upheld the bankruptcy court's assumed summary jurisdiction of all the...

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