This matter comes before the Court on. the petition of the trustee in bankruptcy for review of an order of the referee in. bankruptcy dated October 24, 1957 granting a motion for summary judgment filed, by National Cash Register Company on. a petition to reclaim.
The referee’s opinion fully states the-facts and, in the view of this Court, is entirely correct in its conclusions as to> the law applicable thereto. This Court, has nothing to add to what the referee-has said except to comment upon his suggested interpretation of the rights of a. trustee in bankruptcy under § 70, sub. c-of the Bankruptcy Act. The trustee, in-defending against the motion for summary judgment below and in support of' this petition for review, has relied exclusively upon § 70, sub. e of the Bankruptcy Act, and this Court deems it unnecessary to discuss the rights of a trustee under § 70, sub. c of the Act or the interpretation of such rights in Constance v.. Harvey, 2 Cir., 1954, 215 F.2d 571, certiorari denied, 1955, 348 U.S. 913, 75 S. Ct. 294, 99 L.Ed. 716, and Conti v. Yolper, 2 Cir., 1956, 229 F.2d 317. With, this exception, the opinion of the referee-is adopted as the opinion of this Court,, and the order of the referee is affirmed..