In the Matter of H. S. Dorf & Co., Inc., Bankrupt. James B. Kilsheimer, Iii, Trustee in Bankruptcy v. Beol, Inc.

The somewhat intricate history of the previous litigation in this case is set forth in the opinion rendered by Judge Mansfield in reversing the determination of the referee. 274 F.Supp. 739 (S.D.N.Y.1967).

We affirm on the ground that, as Judge Mansfield held, the trustee is bound by the result in the state court action to which he made himself a party, with the consent of the bankruptcy court, by voluntary intervention.

“A bankruptcy trustee who by choice or by necessity resorts to a state court for the prosecution of a claim is of course bound by the adjudication made in the state…