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AUTOMATIC CANTEEN COMPANY OF AMERICA v. WHARTON

No. 88, Docket 29676.

358 F.2d 587 (1966)

AUTOMATIC CANTEEN COMPANY OF AMERICA, Petitioner-Appellant, v. Irving L. WHARTON, Trustee of Continental Vending Machine Corp., Respondent-Appellee, and James Talcott, Inc., Appellee. In the Matter of CONTINENTAL VENDING MACHINE CORP., Debtor.

United States Court of Appeals Second Circuit.

Decided March 29, 1966.

Attorney(s) appearing for the Case

Alvin M. Stein, New York City (Jordan Newman, and Parker, Chapin & Flattau, New York City, on the brief), for petitioner-appellant.

William M. Kahn, New York City (John P. Campbell, Ernest D. Stein, Edwin M. Larkin, Norman Biener, David W. Kahn, and Curtis, Mallet-Prevost, Colt & Mosle, New York City, on the brief), for respondent-appellee, Irving L. Wharton, Trustee.

Julius J. Abeson, New York City (J. Jacob Hahn, and Hahn, Hessen, Margolis & Ryan, New York City, on the brief), for appellee, James Talcott, Inc.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and LEVET, District Judge.

SMITH, Circuit Judge:

Automatic Canteen appeals from an order of the United States District Court for the Eastern District of New York, Mishler, District Judge, dismissing its petition which sought to have a trust imposed on the proceeds of the sale of a vending machine route, sold by appellee, Trustee of the debtor, Continental Vending, and requesting payment of a claim of $55,900, plus interest, from the proceeds. We reverse and remand for further proceedings.<...

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