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SHARFMAN v. THARPE & COMPANY

No. 73 Civ. 2161.

381 F.Supp. 1394 (1974)

Richard M. SHARFMAN, as Trustee in Bankruptcy of The Gasoline Retailer, Inc., Bankrupt, Plaintiff, v. THARPE & COMPANY, Defendant.

United States District Court, S. D. New York.

October 3, 1974.

Attorney(s) appearing for the Case

Zalkin Rodin & Goodman, New York City, for plaintiff; Richard S. Toder, New York City, of counsel.

Roy L. Weiss, New York City, for defendant.

MEMORANDUM DECISION

GAGLIARDI, District Judge.

This is an action commenced by the Trustee in Bankruptcy of Gasoline Retailer, Inc. ("Bankrupt") under section 60 of the Bankruptcy Act, 11 U.S.C. § 96, to recover payments totalling $5,000 made by the bankrupt to defendant Tharpe & Company on the ground that such payments constitute a voidable preference. Jurisdiction is provided by 11 U.S.C. §§ 96(b) and 1(10). For the reasons set forth...

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