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ROSEN v. HAINES-CE BROOK

Civ. No. 2222.

52 F.Supp. 791 (1943)

ROSEN v. HAINES-CE BROOK, Inc.

District Court, D. Massachusetts.

December 3, 1943.

Attorney(s) appearing for the Case

Sidney J. Kagan, of Boston, Mass. (Richmond, Rosen & Kagan, of Boston, Mass., of counsel), for plaintiff.

Charles J. Dunn, of Boston, Mass., and Murray Brown, of Lynn, Mass., for defendant.

WYZANSKI, District Judge.

This is a suit by a trustee in bankruptcy brought under Sec. 60 of the Bankruptcy Act, Act of June 22, 1938, c. 575, 52 Stat. 840, 869, U.S.C.A. T. 11, Sec. 96, subs. a, b, to recover the value of property alleged to have been received by the defendant from the bankrupt as a preference. Four principal issues are raised: (1) whether the mortgage given by the bankrupt on May 1, 1939, to the defendant purports to include chattels acquired thereafter...

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