I-T-E Circuit Breaker Company v. Holzman

354 F.2d 102 I-T-E CIRCUIT BREAKER COMPANY, a corporation, Appellant, v. Lawrence HOLZMAN, as trustee in bankruptcy of the estate of Instrumentation & Control Engineering, Inc., a California corporation, Appellee. No. 19988. United States Court of Appeals Ninth Circuit. December 23, 1965. Gerald Bridges, of Bridges & Bridges, Los Angeles, Cal., for appellant. Frank B. Orfield, of Orfield, Thompson, Bunker & Sullivan, San Diego, Cal., for appellee. Before CHAMBERS, BARNES and DUNIWAY, Circuit Judges. BARNES, Circuit Judge. 1 This is an appeal in a diversity case action in bankruptcy wherein the plaintiff Lawrence Holzman, as trustee in bankruptcy of Instrumentation & Control Engineering, Inc., a California corporation, brought suit to recover money paid to I-T-E Circuit Breaker Company, a creditor of the bankrupt, alleging a voidable preference under section 60, sub. b of the Bankruptcy Act, 11 U.S.C. § 96 , sub. b. 2 The district court had jurisdiction based on diversity of citizenship ( 28 U.S.C. § 1332 ), and pursuant to section 60, sub. b of the Bankruptcy Act ( 11 U.S.C. § 96 , sub. b). This court has jurisdiction pursuant to 28 U.S.C. §…