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BUCHMAN v. AMERICAN FOAM RUBBER CORPORATION

250 F.Supp. 60 (1965)

Samuel BUCHMAN, Plaintiff, v. AMERICAN FOAM RUBBER CORPORATION, Milton R. Ackman, as Trustee of American Foam Rubber Corporation, Bankrupt, Marie Louise deMontmollin, Alexander F. Pathy and Suzanne M. Pathy, Defendants.

United States District Court S. D. New York.

October 25, 1965.

Attorney(s) appearing for the Case

Martin Whyman, New York City, for plaintiff.

Kleeberg & Greenwald, New York City, for defendant Ackman, Jacob Greenwald, New York City, of counsel.

Winer, Neuburger & Sive, New York City, for defendants deMontmollin and Pathy, Murray C. Bernays, David Sive, New York City, of counsel.

COOPER, District Judge.

Motion for summary judgment in their respective favor by trustee Ackman and the individual defendants on the Trustee's second counterclaim and cross claim.1

Briefly stated, by his second counterclaim and cross claim, the trustee seeks to recover for the benefit of bankrupt's creditors under Section 70, sub. e of the Bankruptcy Act, 11 U.S.C. § 110, sub. e, certain moneys paid by the bankrupt at a time...

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