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IN RE BENGAL TRADING CORP.

Bankruptcy No. 80-01471-BKC-JAG, Adv. No. 81-0106-BKC-JAG-A.

12 B.R. 695 (1981)

In re BENGAL TRADING CORPORATION, Debtor. George KOCI, Plaintiff, v. Herbert FREEHLING, Trustee of Bengal Trading Corporation, Defendant.

United States Bankruptcy Court, S.D. Florida.

June 17, 1981.

Attorney(s) appearing for the Case

Paul G. Hyman, Jr., Britton, Cohen, Kaufman, Benson & Schantz, Miami, Fla., for Trustee.

Carl Schmitt, Frank, Strelkow & Gay, North Bay Village, Fla., for plaintiff.

Herbert S. Freehling, Fort Lauderdale, Fla., Trustee.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This matter was tried before this court on the complaint of George Koci against the trustee of this estate, seeking the return to George Koci of $46,400.

The facts are essentially undisputed. Debtor, Bengal Trading Corporation, (Bengal) was a commodities futures commission merchant. Pursuant to 7 U.S.C. § 6f, as detailed in the Commodity Futures Trading Commission's regulation, (17...

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