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IN RE FLAYTON

No. 39977.

39 F.Supp. 774 (1941)

In re FLAYTON.

District Court, E. D. New York.

July 10, 1941.

Attorney(s) appearing for the Case

Nathaniel T. Helman, of New York City, for trustee.

Booth, Lipton & Lipton, of New York City (Harold A. Lipton, of New York City, of counsel), for creditor.

ABRUZZO, District Judge.

This is a hearing on a petition for review of the order of the referee, denying the application of M. M. Smith & Son, Inc., a creditor, in reclamation.

The merchandise was delivered to the bankrupt by this creditor and accepted on or about November 4, 1940. On November 12, 1940, the bankrupt filed a petition in bankruptcy under Chapter XI, 11 U.S.C.A. § 701 et seq., and subsequently the petition was dismissed and adjudication...

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