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IN RE CONTINENTAL VENDING MACHINE CORP.

No. 115, Docket 73-1296.

491 F.2d 813 (1974)

In the Matter of CONTINENTAL VENDING MACHINE CORP. and Continental Apco, Inc., Debtors. JAMES TALCOTT, INC., Appellant, v. Irving L. WHARTON, Trustee, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 22, 1974.

Attorney(s) appearing for the Case

J. Jacob Hahn, New York City (Julius J. Abeson, Hahn, Hessen, Margolis & Ryan, New York City, of counsel), for appellant.

Morton J. Schlossberg, New York City (Joseph J. Marcheso, New York City, of counsel), for appellee.

Before LUMBARD, MANSFIELD and MULLIGAN, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal arises from a refusal by the trustee in bankruptcy of Continental Vending Machine Corp. ("Continental") to make payment on several certificates issued by him and by his fiduciary predecessor, a court appointed conservator for Continental, in connection with three loans by James Talcott, Inc. ("Talcott"), a New York corporation, to Continental and its wholly owned subsidiary, Continental Apco, Inc. ("Apco"). Talcott applied for...

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