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WEINTRAUB v. FITZGERALD BROS. BREWING CO.

40 F.Supp. 473 (1941)

WEINTRAUB v. FITZGERALD BROS. BREWING CO. et al.

District Court, S. D. New York.

September 10, 1941.

Attorney(s) appearing for the Case

Sam H. Lipchitz, of New York City, for plaintiff.

Oscar Fensterheim, of New York City, for defendant Fitzgerald Bros. Brewing Co.

RIFKIND, District Judge.

Defendant Fitzgerald, asserting that the court lacks jurisdiction of the subject matter, moves for an order dismissing the second cause of action.

Plaintiff sues in the capacity of trustee in bankruptcy of 825 Broadway Restaurant, Inc. (hereinafter called "the bankrupt"). The bankrupt commenced proceedings in this court on August 16, 1939, by filing its petition under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq...

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