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IN RE BARBATO

No. 16457.

398 F.2d 572 (1968)

In the Matter of Albert M. BARBATO, Bankrupt, Royal Indemnity Company, a Corporation of the State of New York, a creditor, Appellant.

United States Court of Appeals Third Circuit.

Reargued April 16, 1968.

Decided June 18, 1968.

Attorney(s) appearing for the Case

James E. Masterson, Kleinberg, Moroney & Masterson, Newark, N. J. (Stickel, Kain & Stickel, Newark, N. J., on the brief), for appellant, Royal Indemnity Co. Joseph M. Keegan, Passaic, N. J., for Albert M. Barbato.

Herman Osofsky, Passaic, N. J., for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN, KALODNER, FORMAN, FREEDMAN, SEITZ and VAN DUSEN, Circuit Judges.

HASTIE, Chief Judge.

This appeal has been taken from an order dismissing a creditor's objections to the discharge of a bankrupt general contractor. It was and is the contention of the creditor, a bonding company which had provided performance and payment bonds covering construction projects undertaken by the bankrupt, that the contractor forfeited his right to a discharge by inducing the bonding company to become his surety through "a materially false statement in...

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