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ACKMAN v. WALTER E. HELLER & COMPANY

No. 337, Docket 32985.

420 F.2d 1380 (1969)

Milton R. ACKMAN, as Trustee of American Foam Rubber Corporation, Bankrupt, Plaintiff-Appellant, v. WALTER E. HELLER & COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 16, 1969.

Attorney(s) appearing for the Case

Jacob Greenwald, New York City (Kleeberg & Greenwald, Alexander H. Rockmore, New York City, of counsel), for plaintiff-appellant.

Charles Seligson, New York City (Seligson & Morris, Robert Popper, New York City, of counsel), for defendant-appellee.

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

PER CURIAM:

The judgment of the District Court is affirmed. There is ample support in the record to sustain the findings in the opinions of Judge Wyatt, reported at 307 F.Supp. 971 (S.D.N.Y.1968), and 307 F.Supp. 958 (S.D.N.Y.1968), that (1) there is no "reasonable cause to believe that the debtor is insolvent" as required to make a preference voidable under § 60(b) of the Bankruptcy...

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