Arnold M. Kravetz, as Trustee in Bankruptcy of M.F.C. Card, Inc. v. Joange Building Corp.

MOORE, Circuit Judge.

Arnold Kravetz, a trustee-in-bankrupt-ey for M. F. C. Card, Inc., sued Joange Building Corp. to set aside as preferential a transfer of the bankrupt’s business assets to Joange at an execution sale made to enforce a default judgment for Joange against the bankrupt. Neither party made demand for a jury trial within the appropriate time, Fed.R.Civ.P. 38(b), and plaintiff moved for summary judgment. Judge Dooling granted summary judgment for the trustee, and Joange appeals.

Joange leased premises to the bankrupt for use in bankrupt’s business. In November 1959 it also made an…