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McNELLIS v. RAYMOND

Civ. No. 65-CV-63.

304 F.Supp. 1172 (1969)

Phillip J. McNELLIS, Trustee of Donald S. Potter and Jackson M. Potter, Bankrupts, Plaintiff, v. Isadore RAYMOND, Defendant.

United States District Court N. D. New York.

July 14, 1969.

Attorney(s) appearing for the Case

Laurence Sovik and Laurence F. Sovik, of Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer, Syracuse, N.Y., for plaintiff.

Dante M. Scaccia, of Love, Balducci & Scaccia, Syracuse, N.Y., for defendant.

TIMBERS, District Judge:*

QUESTION PRESENTED

In this action to recover moneys paid out by a bankrupt on allegedly usurious loans, the question presented following trial on the usury cause of action (as distinguished from the fraudulent conveyance cause of action, previously tried) is whether plaintiff trustee in bankruptcy may recover from defendant Raymond, a money lender, certain payments of principal and interest made to Raymond...

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