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IN RE ROSENBERG IRON & METAL CO.

No. 14715.

343 F.2d 527 (1965)

In The Matter of ROSENBERG IRON & METAL CO., Inc., Bankrupt. DEMPSTER BROTHERS, INC., Petitioner-Appellant, v. Milton M. COHN, Trustee in Bankruptcy, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

As Amended on Denial of Rehearing April 30, 1965.

Attorney(s) appearing for the Case

John H. Wessel, Bernstein, Wessel, Weitzen & Lewis, Milwaukee, Wis., for appellant.

Irvin B. Charne, Donald S. Taitelman, Charne & Tehan, Milwaukee, Wis., for appellee.

Before CASTLE, KILEY, and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This appeal presents a question of interpretation of section 70, sub. c of the Bankruptcy Act, 11 U.S.C. § 110, sub. c.1 Rosenberg Iron & Metal Co., Inc., a Wisconsin corporation located in Milwaukee, is the bankrupt; Milton M. Cohn is the trustee; and Dempster Brothers, Inc. is a creditor who filed a reclamation petition for property sold under a conditional sales contract. A statement of facts, with emphasis...

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