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United States v. Fitzpatrick

United States Court of Appeals, Second Circuit
Apr 27, 1964
330 F.2d 953 (2d Cir. 1964)

Opinion

No. 449, Docket 28814.

Argued April 8, 1964.

Decided April 27, 1964.

Daniel H. Greenberg, New York City, for appellant.

Robert M. Morgenthau, U.S. Atty., for Southern Dist. of New York, for appellees, Philip J. Ryan, Jr., Robert E. Kushner, Asst. U.S. Attys., of counsel.

Booth, Lipton Lipton, New York City, for Milton E. Sahn, trustee in bankruptcy of Murray Packing Co., Inc., Edgar H. Booth, New York City, of counsel.

Before SWAN, MOORE and SMITH, Circuit Judges.


Since May 28, 1963 appellant has been confined at the Federal Detention Headquarters in New York City for contempt of court in failing to comply with the Referee's order of July 24, 1961 directing him to turn over $745,000 to the trustee in bankruptcy of Murray Packing Co., Inc. See Sahn v. Pagano, 2 Cir., 302 F.2d 629, cert. den. 371 U.S. 819, 83 S.Ct. 34, 9 L.Ed.2d 59, for the story of his gross looting of the bankrupt's estate and his incredible explanation of disposal of the loot. The passage of time will eventually erode the inference of continued control of stolen funds, Maggio v. Zeitz, 333 U.S. 56, 68 S.Ct. 401, 92 L.Ed. 476. But here less than a year has passed, and Pagano has offered no plausible account of what happened to them. The bankruptcy court should not be forced to abandon its coercive efforts as yet. Accordingly motion for bail pending appeal is denied and dismissal of the application for habeas corpus is affirmed.


Summaries of

United States v. Fitzpatrick

United States Court of Appeals, Second Circuit
Apr 27, 1964
330 F.2d 953 (2d Cir. 1964)
Case details for

United States v. Fitzpatrick

Case Details

Full title:UNITED STATES of America ex rel. Joseph PAGANO, Relator, v. Walter…

Court:United States Court of Appeals, Second Circuit

Date published: Apr 27, 1964

Citations

330 F.2d 953 (2d Cir. 1964)

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