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SCHUTTE v. WITTNER

Civ. No. 17187.

149 F.Supp. 451 (1957)

Harry H. SCHUTTE, as Trustee in Bankruptcy of Atlas Credit Corporation, Bankrupt, Plaintiff, v. George WITTNER and Henry Wittner, co-partners, doing business as Merchants Standard Trading Company, Defendants.

United States District Court E. D. New York.

March 11, 1957.

Attorney(s) appearing for the Case

Louis P. Rosenberg, Brooklyn, N. Y., for plaintiff.

Wolf, Popper, Ross, Wolf & Jones, New York City, for defendants, Paul L. Ross, New York City, of counsel.

BRUCHHAUSEN, District Judge.

The defendants move to dismiss the complaint, pursuant to Rule 12, Fed. Rules Civ.Proc., 28 U.S.C.A. and also contend that the claims are barred by the Statute of Limitations.

The complaint contains four causes of action, whereunder the plaintiff seeks to annul alleged illegal transfers made by the bankrupt to the defendants.

The plaintiff contends that the causes of action are valid and in accordance with the provisions...

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