244 F2d 954 Malone v. Gimpel
244 F.2d 954
Bernard J. MALONE, as trustee in Bankruptcy of Little Falls Dairy Company, Inc., Plaintiff-Appellant,
David GIMPEL, Defendant-Appellee.
United States Court of Appeals Second Circuit.
Argued March 6, 1957.
Decided March 28, 1957.
Appeal from the United States District Court for the Northern District of New York; Stephen W. Brennan, Judge.
Trustee in bankruptcy appeals from so much of the judgment as dismisses his complaint seeking to recover a payment by the bankrupt as an unlawful preference under Section 60 of the Bankruptcy Act, 11 U.S.C.A. § 96.
James A. McTiernan, Little Falls, N. Y., for plaintiff-appellant.
Bartle Gorman, Utica, N. Y. (J. Walter Augar, Utica, N. Y., on the Brief), for defendant-appellee.
Before MEDINA and WATERMAN, Circuit Judges, and GALSTON, District Judge.
Affirmed on the opinion of Judge Brennan, D.C., 151 F.Supp. 549.