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McNELLIS v. RAYMOND

No. 233, Docket 33956.

420 F.2d 51 (1970)

Phillip J. McNELLIS, Trustee of Donald S. Potter, Bankrupt, individually and d/b/a Potter Real Estate Co., et al., Plaintiff-Appellant, v. Isadore RAYMOND, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 13, 1970.

Attorney(s) appearing for the Case

Laurence F. Sovik, Syracuse, N. Y. (Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer, Syracuse, N. Y., on the brief), for plaintiff-appellant.

Dante M. Scaccia, Syracuse, N. Y. (Love, Balducci & Scaccia, Syracuse, N. Y., on the brief), for defendant-appellee.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

In May 1963, Donald S. Potter, his father Jackson M. Potter, and Potter Securities Corporation were all adjudicated bankrupt, and plaintiff Phillip J. McNellis was appointed trustee. Since then, plaintiff has been trying to recover assets for the estates, primarily on the theory that various loans repaid by Donald Potter were usurious. Aspects of these attempts have been before us several times.1 This latest appeal...

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