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UNITED STATES v. LENNOX METAL MANUFACTURING CO.

Civ. A. No. 13186.

131 F.Supp. 717 (1954)

UNITED STATES of America, Plaintiff, v. LENNOX METAL MANUFACTURING COMPANY, Inc., and Frank Margiotta and Herbert B. Pearl, as Co-Trustees of the Lennox Metal Manufacturing Company, Inc., Defendants.

United States District Court E. D. New York.

On Motion to Set Aside October 5, 1954.

Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., Lewis S. Flagg, III, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for plaintiff.

Timen & Waters and Kadel & Wilson New York City, special attorneys for Trustees in Reorganization, and Nathan Korn, Brooklyn, N. Y., and Edwin M. Slote, co-attorneys for co-trustees; Lawrence S. Timen, New York City, of counsel.

ABRUZZO, District Judge.

This action was instituted by the United States of America against the Lennox Metal Manufacturing Company, Inc., a contractor, and its trustees appointed pursuant to Chapter 10 of the Bankruptcy Act, § 101 et seq. thereof, 11 U.S.C.A. § 501 et seq.

The trustees are mere nominal defendants, and all subsequent references hereinafter shall relate solely to the Lennox Metal Manufacturing Company, as defendant, and to the United...

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