Legal Opinion

John Costello, Trustee in Bankruptcy of Leonard Plumbing and Heating J. A. Fazio and Lawrence C. Ambrose v. J. A. Fazio and Lawrence C. Ambrose

Court of Appeals for the Ninth Circuit

Decided May 28, 1958No. 15587_1PublishedCited by 68 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

Creditors’ claims against the bankrupt estate of Leonard Plumbing and Heating Supply, Inc., were filed by J. A. Fazio and Lawrence C. Ambrose. The trustee in bankruptcy objected to these claims, and moved for an order subordinating them to the claims of general unsecured creditors. The referee in bankruptcy denied the motion, and his action was sustained by the district court. The trustee appeals.

The following facts are not in dispute: A partnership known as “Leonard Plumbing and Heating Supply Co.” was organized in October, 1948. The three partners, Fazio, Ambrose, and…

2Cases cited10 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Heiser v. WoodruffSupreme Court of the United States · 1946
  3. Taylor v. Standard Gas & Electric Co.Supreme Court of the United States · 1939
  4. Kal W. Lines v. Falstaff Brewing Co.Court of Appeals for the Ninth Circuit · 1956
  5. Matter of Michael Morasco, Bankrupt. I. Louis Kottler, Trustee-Appellee, Mercury Dry Cleaning Equipment Co. And Kaypan Dry Cleaning MacHinery Corp.Court of Appeals for the Second Circuit · 1956

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3Cited by68 opinions

  1. In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  2. In Re Lois Adlman, Bankrupt. Bank of Pennsylvania v. Lois AdlmanCourt of Appeals for the Second Circuit · 1976
  3. In re TabibianCourt of Appeals for the Second Circuit · 1961
  4. Cyr v. B. Offen & Co.Court of Appeals for the First Circuit · 1974
  5. Alphonse Cyr, Jr. And Arlene Cyr v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Cyrenus Couture, Adm. Estate of Richard Couture v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Alphonse Cyr, Jr. And Arlene Cyr v. R. Hoe & Co., Inc., and Third-Party v. Rumford Printing Company, Third-PartyCourt of Appeals for the First Circuit · 1974

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