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IN RE HEROLD RADIO & ELECTRONICS CORP.

No. 271, Docket 28327.

327 F.2d 564 (1964)

In the Matter of HEROLD RADIO & ELECTRONICS CORP., Bankrupt. BOOTHE LEASING CORPORATION, Petitioner-Appellant, v. NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, INC., Trustee in Bankruptcy, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 11, 1964.

Attorney(s) appearing for the Case

Krause, Hirsch, Gross & Heilpern, New York City, for appellant; Sydney Krause and Myron Kove, New York City, of counsel.

Levy, Levy & Ruback and Isidor E. Leinwand, New York City, for appellee; Sydney Basil Levy, New York City, of counsel.

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

SWAN, Circuit Judge:

This is an appeal from two orders of the Bankruptcy Court. The first, dated May 6, 1963, confirmed an order of the Referee holding void as against the Trustee an "equipment lease" between Boothe and Herold under which Boothe claimed a lien on chattels installed by it in June 1959 in Herold's building in Yonkers, N. Y. The second order, dated May 29, 1963, denied Boothe's motion for reargument of the first...

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