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IN RE BRENDAN REILLY ASSOCIATES, INC.

No. 294, Docket 30924.

372 F.2d 235 (1967)

In the Matter of BRENDAN REILLY ASSOCIATES, INC., Debtor. CAMBRIDGE FACTORS, Creditor-Appellant, Quintino TESCIUBA, doing business as Mutual Trade Enterprises Company, Appellee.

United States Court of Appeals Second Circuit.

Decided January 30, 1967.

Attorney(s) appearing for the Case

Howard C. Amron, of Bendes, Stark & Amron, New York City, for creditor-appellant.

Anthony B. Cataldo, New York City, for appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

This bankruptcy appeal epitomizes what Mr. Justice Holmes meant when he described insolvency proceedings as "bellum omnium contra omnes." Fogg v. Supreme Lodge of the Order of the Golden Lion, 156 Mass. 431, 433, 31 N.E. 289, 290 (1892). The contestants here are Quintino Tesciuba, doing business as Mutual Trade Enterprises Company, a supplier of marble, and Cambridge Factors, a financing agent. Both are creditors of Brendan Reilly Associates...

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