IN RE OSTRER

No. 337, Docket 32021.

393 F.2d 646 (1968)

In the Matter of Louis C. OSTRER, Bankrupt-Appellant, The Meadow Brook National Bank, Objecting Creditor-Appellee.

United States Court of Appeals Second Circuit.

Decided April 19, 1968.


Attorney(s) appearing for the Case

Joseph Lewis Simon, New York City, for appellant.

Anthony J. D'Auria, New York City (Edward N. Meyer, Cole & Deitz, New York City, on the brief), for appellee.

Before KAUFMAN and HAYS, Circuit Judges, and RYAN, District Judge.


IRVING R. KAUFMAN, Circuit Judge:

The bankrupt, Louis C. Ostrer, appeals from a judgment of the District Court for the Eastern District of New York, reversing an order of the Referee discharging the bankrupt because the Referee misapplied the proper test for what constitutes a "materially false statement" of financial condition within the meaning of § 14c.(3) of the Bankruptcy Act, 11 U.S.C. § 32(c) (3).

The bankrupt was engaged in the business of...

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