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BRAUNSTEIN v. MASSACHUSETTS BANK & TRUST CO.

No. 71-1022.

443 F.2d 1281 (1971)

Joseph BRAUNSTEIN, Trustee, Etc., Plaintiff, Appellee, v. MASSACHUSETTS BANK & TRUST COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 15, 1971.

Attorney(s) appearing for the Case

Joseph Landis, Boston, Mass., with whom Wasserman & Salter, Boston, Mass., was on brief, for appellant.

Herbert Weissblum, Boston, Mass., with whom Julius Thannhauser and Cohn, Riemer & Pollack, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

This is a plenary action brought by the trustee in bankruptcy of Shaker Shoppes, Inc., against the Massachusetts Bank & Trust Company (the bank) to set aside as a preferential transfer a security agreement given to the bank by Shaker within four months of the filing of a petition in bankruptcy against it; and to recover the value of the property which was the subject of the transfer. The jury found that the transfer constituted a voidable...

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