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IN RE DUNN

No. 426, Docket 34154.

422 F.2d 501 (1970)

In the Matter of Zalmen A. DUNN, Bankrupt. Zalmen A. DUNN, Bankrupt-Appellee, v. Samuel A. ARUTT, Trustee in Bankruptcy, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 20, 1970.

Attorney(s) appearing for the Case

Elias Mann, New York City (Charles H. Weintraub and Levin & Weintraub, New York City on the brief), for bankrupt-appellee.

Jacob F. Gottesman, New York City, for appellant.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

MEDINA, Circuit Judge:

We are called upon to decide the novel question of whether Dr. Zalmen A. Dunn was "engaged in business as * * * an executive of a corporation" under the 1960 amendment to Section 14(c) (3) of the Bankruptcy Act, 11 U. S.C. Section 32(c) (3), at the time he obtained credit for Mid-Island Dental Supply Corp. ("Mid-Island") by actively participating in a scheme pursuant to which written false statements of its financial condition were made. The...

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