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IN RE TER-A-TOM ASSOCIATES, INC.

No. 16551.

386 F.2d 90 (1967)

In the Matter of TER-A-TOM ASSOCIATES, INC., trading as Klein's Delicatessen & Liquor Store, Bankrupt, Herbert L. Klein and Bertha D. Klein, Appellants.

United States Court of Appeals Third Circuit.

Decided November 28, 1967.

Rehearing Denied January 3, 1968.

Attorney(s) appearing for the Case

Isadore B. Miller, Miller & Platt, Paterson, N. J., for appellants.

Jonathan Kohn, Furst, Furst, Feldman & Benenson, Newark, N. J. (Joseph G. Liebman, Newark, N. J., on the brief), for appellees.

Before HASTIE, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This appeal raises the question whether Herbert and Bertha Klein, creditors of the bankrupt Ter-A-Tom Associates, Inc., were secured creditors entitled as such to the sum of $2,500.00 realized by the trustee in bankruptcy from the sale of a liquor inventory belonging to the bankrupt.

The Kleins sold their grocery and liquor business and their stock in trade to Ter-A-Tom. To secure an unpaid balance of the purchase...

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