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MATTER OF FLYING MAILMEN SERVICE, INC.

No. 72 B 172.

402 F.Supp. 790 (1975)

In the Matter of FLYING MAILMEN SERVICE, INC., Bankrupt. Charles GOLD, Plaintiff-Appellant, v. Herbert K. LIPPMAN, Trustee in Bankruptcy of Flying Mailmen Service, Inc., Defendant-Appellee.

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

November 7, 1975.

Attorney(s) appearing for the Case

Henry & Brecker, New York City, for plaintiff-appellant; Martin F. Brecker, New York City, of counsel.

Stephen J. Mydanick, New York City, for defendant-appellee.

MEMORANDUM

LASKER, District Judge.

Charles Gold appeals from a decision and order of the Bankruptcy Court, Honorable Asa A. Herzog, which denied his application for payment of a secured claim and which ordered him to refund monies to the trustee in bankruptcy.

In settlement of an action pending in New York Supreme Court, Flying Mailmen Service, Inc. (debtor) agreed to pay Gold the sum of $150,000. The agreement, dated December 16, 1970, specifically...

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