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RICOTTA v. BURNS COAL AND BUILDING SUPPLY CO.

Civ. A. No. 7564.

162 F.Supp. 214 (1958)

Joseph J. RICOTTA, as Trustee of L. E. Kimball Construction Co., Inc., Bankrupt, Plaintiff, v. BURNS COAL AND BUILDING SUPPLY COMPANY, Defendant.

United States District Court W. D. New York.

April 21, 1958.

Attorney(s) appearing for the Case

Palmer & Spann, Dunkirk, N. Y. (Anthony J. Spann, Dunkirk, N. Y., of counsel), for plaintiff.

Woodin & Woodin, Dunkirk, N. Y. (Edwin G. O'Connor, Brocton, N. Y., of counsel), for defendant.

MORGAN, District Judge.

The above entitled cause is one for recovery by trustee in bankruptcy of the sum of $11,863.46 paid to defendant creditor within four months of adjudication for debts incurred prior to four months before the bankruptcy petition, as well as for $3,000, which represented payment of $1,888.97 and $1,111.03 for balances due in May and prior to July 7, 1956. The latter was represented by a check which was given and deposited on July 6, 1956 and...

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