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IN RE IRA HAUPT & CO.

No. 316, Docket 30218.

361 F.2d 164 (1966)

In the Matter of IRA HAUPT & CO., a Limited Partnership, Bankrupt. Gladys KNAPP, Bernard Klebanow, George Lewis, Egon H. Ottinger, Michael Sloan, Henry Schlenger, and Harold L. Marantz, Kenneth Alan Marantz and Edith F. Marantz, as Executors of the Estate of Charles Marantz, Appellants, v. Charles SELIGSON, as Trustee in Bankruptcy of Ira Haupt & Co., Appellee.

United States Court of Appeals Second Circuit.

Decided May 3, 1966.

Attorney(s) appearing for the Case

Max Freund, New York City (Rosenman, Colin, Kaye, Petschek & Freund, New York City, Jerome E. Sharfman, New York City, of Counsel), for appellants.

Harvey R. Miller, New York City, (Seligson & Morris, New York City) for appellee.

Before FRIENDLY and HAYS, Circuit Judges, and CLARIE, District Judge.

FRIENDLY, Circuit Judge:

The appellants are limited partners of Ira Haupt & Co., who have filed claims as creditors in the bankruptcy proceeding of that firm now pending before Referee Ryan in the District Court for the Southern District of New York. Although an involuntary petition was filed on March 23, 1964, and the firm was adjudicated a bankrupt on June 16, it was not until October 6 that a trustee was appointed. Two days later the trustee, Charles Seligson...

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