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IN RE GOTTFRIED BAKING COMPANY

No. 65 B 859.

312 F.Supp. 643 (1970)

In the Matter of GOTTFRIED BAKING COMPANY, Inc., Bankrupt.

United States District Court, S. D. New York.

April 17, 1970.

Attorney(s) appearing for the Case

Hofmann, Katz & Weisbrod, New York City, for petitioner McCauley Graphic Finishing Co., Inc.; George Weisbrod, New York City, of counsel.

Louis P. Rosenberg, Brooklyn, N. Y., for trustee.

MANSFIELD, District Judge.

McCauley Graphic Finishing Co., Inc. ("McCauley") petitions for review of an order of Referee in Bankruptcy Loewenthal denying it recovery of $1,800 allegedly held in trust for it by the bankrupt and directing that McCauley be deemed a general creditor in the sum of $1,800. For the reasons stated below, the matter is remanded.

The $1,800 claim was based upon a deposit in that amount by a tenant with Gottfried Baking Co., Inc. ("Gottfried...

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