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STEIN v. RAND CONSTRUCTION COMPANY, INC.

No. 70 Civ. 715.

400 F.Supp. 944 (1975)

S. E. STEIN, Trustee in Bankruptcy of the Estate of Seaway Floor and Paving Company, Inc., Plaintiff, v. RAND CONSTRUCTION COMPANY, INC., Defendant.

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

March 28, 1975.

Attorney(s) appearing for the Case

Selker, Einbund, Rubenstein & Mosher, Cleveland, Ohio by Eugene I. Selker, Cleveland, Ohio, of counsel, Grunewald, Turk, Gillen & Ford, New York City by Norman Turk, New York City, of counsel, for plaintiff.

Ralph Heyman, Brooklyn, N. Y., for defendant.

MEMORANDUM

KEVIN THOMAS DUFFY, District Judge.

This is an action brought under Section 60 of the Bankruptcy Act, 11 U.S.C. § 96, to avoid an alleged preference. Plaintiff is the trustee in bankruptcy of the Estate of Seaway Floor and Paving Company, Inc. (hereinafter "Seaway"), which was a sub-contractor of defendant Rand Construction Company, Inc. (hereinafter "Rand").

On December 21, 1966 Rand was awarded a contract for the erection of certain...

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