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WHARTON v. HIRSCH

Nos. 511, 512, Docket 29713, 29722.

348 F.2d 906 (1965)

Irving L. WHARTON, as Trustee in Reorganization under Chapter X of the Bankruptcy Act of Continental Vending Machine Corp., Appellant, v. Robert S. HIRSCH, Appellee. Irving L. WHARTON, as Trustee in Reorganization under Chapter X of the Bankruptcy Act of Continental Vending Machine Corp., Appellant, v. Bernard P. WEINER, Appellee. In the Matter of CONTINENTAL VENDING MACHINE CORP., Debtor.

United States Court of Appeals Second Circuit.

Decided June 29, 1965.

Attorney(s) appearing for the Case

John P. Campbell, New York City (William M. Kahn, Townsend J. Knight, Oscar Garcia-Rivera, Edwin M. Larkin and Ernest Stein, New York City, on the brief), for appellant.

Bernard A. Saslow, New York City (Lynton, Klein, Opton & Saslow, New York City, on the brief), for appellee Hirsch.

Alvin M. Stein, New York City (Parker, Chapin & Flattau, New York City, on the brief), for appellee Weiner.

Before MOORE, SMITH and HAYS, Circuit Judges.

PER CURIAM:

The trustee in bankruptcy, Irving J. Wharton, of the Continental Vending Machine Corporation ("Continental") appeals from an order of the United States District Court for the Eastern District of New York, Mishler, D. J., denying Wharton's second application for an injunction staying James Talcott, Inc. from making a distribution to Carl Schaeffer, nominee for Robert Hirsch and Bernard Weiner, of funds realized upon the liquidation of certain collateral...

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