IN RE FREEPORT ITALIAN BAKERY, INC.

No. 249, Docket 29209.

340 F.2d 50 (1965)

In the Matter of FREEPORT ITALIAN BAKERY, INC., Bankrupt.

United States Court of Appeals Second Circuit.

Decided January 8, 1965.


Attorney(s) appearing for the Case

Seymour J. Schlesinger, West Hempstead, N. Y., for appellant.

Marcus D. Grayck, Mineola, N. Y., for appellee.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.


HAYS, Circuit Judge.

A general creditor of the bankrupt corporation seeks the removal of the trustee, Dominick Cataldo, on grounds of improper election, for making false and fraudulent claims against the bankrupt estate in his capacity as creditor, and for failing to prosecute the claims of the estate to its detriment. The referee denied this relief without opinion.

In another motion the same creditor seeks to expunge the claims filed by the trustee, Dominick...

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