Stanley B. Hendler, as Trustee in Bankruptcy of Farrell Publishing Corporation v. Cuneo Eastern Press, Inc.

HAND, Circuit Judge.

This appeal is from an order of Levet, J. (165 F.Supp. 40), in the Southern District of New York, modifying an order of the referee, and dismissing a claim in bankruptcy of the bankrupt against the defendant, Cuneo Eastern Press, Inc., arising in tort. 1 The facts were as follows : The bankrupt was engaged in publishing two magazines known as “The Woman,” and “Everybody’s Digest.” It had a contract with the defendant to print both of these for thirty-six (36) consecutive months, beginning in September, 1953, under which the parties had continued to work until January,…