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KRAVETZ v. JOANGE BUILDING CORP.

No. 308, Docket 29274.

341 F.2d 561 (1965)

Arnold M. KRAVETZ, as Trustee in Bankruptcy of M. F. C. Card, Inc., Plaintiff-Appellee, v. JOANGE BUILDING CORP., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 16, 1965.

Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for plaintiff-appellee.

Dreyer & Traub, Brooklyn, N. Y. (Samuel Kirschenbaum, Brooklyn, N. Y., of counsel), for defendant-appellant.

Before MOORE, FRIENDLY and MARSHALL, Circuit Judges.

MOORE, Circuit Judge.

Arnold Kravetz, a trustee-in-bankruptcy for M. F. C. Card, Inc., sued Joange Building Corp. to set aside as preferential a transfer of the bankrupt's business assets to Joange at an execution sale made to enforce a default judgment for Joange against the bankrupt. Neither party made demand for a jury trial within the appropriate time, Fed.R.Civ.P. 38(b), and plaintiff moved for summary judgment. Judge Dooling granted summary judgment for the...

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