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MALONE v. BOLSTEIN

Civ. No. 5187.

151 F.Supp. 544 (1956)

Bernard J. MALONE, as Trustee in Bankruptcy of Little Falls Dairy Company, Inc., Plaintiff, v. Moe BOLSTEIN and David Gimpel, Defendants.

United States District Court N. D. New York.

Affirmed March 28, 1957.

Attorney(s) appearing for the Case

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

Bartle Gorman, Utica, N. Y., for defendants.

Affirmed March 28, 1957. See 244 F.2d 954.

BRENNAN, Chief Judge.

This action involves the determination of the existence of a preference under the provisions of the Bankruptcy Act in the matter of the payment of $8,050 to the two defendants within a period of four months prior to an adjudication in bankruptcy. The facts are undisputed. They are set out below in narrative form.

On Jan. 29, 1951 the Little Falls Dairy...

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