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IN RE RAYMOND SERVICE, INC.

No. 298, Docket 28767.

340 F.2d 940 (1965)

In the Matter of RAYMOND SERVICE, INC., Bankrupt. Helen FISHMAN, Appellant, v. Frank A. MARGIOTTA, Trustee-Appellee.

United States Court of Appeals Second Circuit.

Decided January 26, 1965.

Attorney(s) appearing for the Case

Herman J. Zawin, New York City, for appellant.

Louis P. Rosenberg, Brooklyn (Alfred A. Rosenberg, Brooklyn, on the brief), for trustee-appellee.

Before SMITH, KAUFMAN and ANDERSON, Circuit Judges.

KAUFMAN, Circuit Judge:

Mrs. Fishman, a secured creditor of Raymond Service, Inc. ("the bankrupt"), appeals from a District Court order confirming a Referee's order declaring null and void a chattel mortgage of the bankrupt held by her. Relying on Section 70 of the Bankruptcy Act, 11 U.S.C. § 110, the trustee in bankruptcy sought to avoid the mortgage on the ground that it was voidable under New York law because there was an unreasonable delay between delivery...

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