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ACKMAN v. WALTER E. HELLER & COMPANY

No. 63 Civ. 300.

307 F.Supp. 958 (1968)

Milton R. ACKMAN, as Trustee of American Foam Rubber Corporation, Bankrupt, Plaintiff, v. WALTER E. HELLER & COMPANY, Inc., Defendant.

United States District Court S. D. New York.

June 28, 1968.

Attorney(s) appearing for the Case

Kleeberg & Greenwald, New York City, for plaintiff; Jacob Greenwald, New York City, of counsel.

Seligson & Morris, New York City, for defendant; Charles Seligson, Robert Popper, Jerome M. Greenberg, New York City, of counsel.

WYATT, District Judge.

This is an action by the Trustee in Bankruptcy of American Foam Rubber Corporation ("Foam"), a New York corporation, on account of a preference alleged to have been received by defendant Walter E. Heller & Company, Inc. ("Heller"), a Delaware corporation. The Trustee relies on Section 60a(1) and b of the Bankruptcy Act (Act of July 1, 1898, 30 Stat. 544, c. 541, as amended; the "Act" ; 11 U.S.C. § 96(a)(1)) and on Section 15 of the...

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