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YORKE v. THOMAS ISERI PRODUCE COMPANY

No. 17545.

418 F.2d 811 (1969)

Nathan YORKE, Trustee of the Estate of Philip Horvitz, Bankrupt, Plaintiff-Appellant, v. THOMAS ISERI PRODUCE COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 26, 1969.

Attorney(s) appearing for the Case

Louis W. Levit, Chicago, Ill., for appellant.

Hamilton Clorfene, Chicago, Ill., for appellee.

Before KNOCH, Senior Circuit Judge, CUMMINGS and KERNER, Circuit Judges.

CUMMINGS, Circuit Judge.

The question presented by this appeal is whether defendant received a voidable preference when it recovered $9,221.26 through attaching a bankrupt's funds within four months of the filing of the bankruptcy petition.

On March 29, 1966, an involuntary petition in bankruptcy was filed against Philip Horvitz (the "bankrupt"), and he was subsequently adjudged bankrupt. He had previously been a produce broker

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