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  • Bernard J. Malone, As Trustee in Bankruptcy of Little Falls Dairy Company, Inc. v. David Gimpel, 244 F.2d 954, 2d Cir. (1957)

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    The trustee in bankruptcy of Little Falls Dairy Company appealed a district court judgment dismissing a complaint seeking to recover a payment made by the bankrupt company to David Gimpel as an unlawful preference under Section 60 of the Bankruptcy Act. The United States Court of Appeals for the Second Circuit affirmed the district court's judgment, adopting the opinion of Judge Brennan as the basis for its decision.

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    Filed: 1957-03-28 Precedential Status: Precedential Citations: 244 F.2d 954 Docket: 24322_1

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    Bernard J. Malone, as Trustee in Bankruptcy of Little Falls Dairy Company, Inc. v. David Gimpel, 244 F.2d 954, 2d Cir. (1957)

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    The trustee in bankruptcy of Little Falls Dairy Company appealed a district court judgment dismissing a complaint seeking to recover a payment made by the bankrupt company to David Gimpel as an unlawful preference under Section 60 of the Bankruptcy Act. The United States Court of Appeals for the Second Circuit affirmed the district court's judgment, adopting the opinion of Judge Brennan as the basis for its decision.

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    Bernard J. Malone, As Trustee in Bankruptcy of Little Falls Dairy Company, Inc. v. David Gimpel, 244 F.2d 954, 2d Cir. (1957)

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    The trustee in bankruptcy of Little Falls Dairy Company appealed a district court judgment dismissing a complaint seeking to recover a payment made by the bankrupt company to David Gimpel as an unlawful preference under Section 60 of the Bankruptcy Act. The United States Court of Appeals for the Second Circuit affirmed the district court's judgment, adopting the opinion of Judge Brennan as the basis for its decision.

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    of 1

    244 F.

    2d 954

    Bernard J. MALONE, as trustee in Bankruptcy of Little Falls


    Dairy Company, Inc., Plaintiff-Appellant,
    v.
    David GIMPEL, Defendant-Appellee.
    No. 202.
    Docket 24322.

    United States Court of Appeals Second Circuit.


    Argued March 6, 1957.
    Decided March 28, 1957.

    Appeal from the United States District Court for the Northern District of
    New York; Stephen W. Brennan, Judge.

    Trustee in bankruptcy appeals from so much of the judgment as dismisses his


    complaint seeking to recover a payment by the bankrupt as an unlawful
    preference under Section 60 of the Bankruptcy Act, 11 U.S.C.A. 96.

    James A. McTiernan, Little Falls, N. Y., for plaintiff-appellant.

    Bartle Gorman, Utica, N. Y. (J. Walter Augar, Utica, N. Y., on the Brief), for
    defendant-appellee.

    Before MEDINA and WATERMAN, Circuit Judges, and GALSTON, District


    Judge.

    PER CURIAM.

    Affirmed on the opinion of Judge Brennan, D.C., 151 F.Supp. 549.

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