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FABER CEMENT BLOCK CO. v. PAULESS REALTY CORP.

No. 588, Docket 34364.

425 F.2d 223 (1970)

FABER CEMENT BLOCK CO., Inc., Appellant, v. PAULESS REALTY CORP. and Suffern Building Supply Co., Inc., Appellees and Third-Party Plaintiffs, v. Lawrence C. GUTMAN, as assignee for Creditors of Suffern Building Supply Co., Inc., Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided April 20, 1970.

Attorney(s) appearing for the Case

Donald Tirschwell, New City, N. Y. (Joseph Deutsch, New City, N. Y., with him on the brief), for appellant.

John S. Martin, Jr., New York City (Neil S. Saltzman, Granick, Garson, Silverman & Nowicki, New City, N. Y., on the brief), for appellees and third-party plaintiffs.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

PER CURIAM.

In 1966 Suffern Building Supply Company, a retail supplier of masonry materials, was in debt to several of its suppliers, including the United States Gypsum Company and appellant Faber Cement Block Company, a manufacturer of cement and cinder blocks. In October 1966, Suffern transferred the land on which the business was located to Pauless Realty Corporation. United States Gypsum initiated an action to have the conveyance set aside as fraudulent, but discontinued...

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