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MATTER OF ARLAN'S DEPT. STORES, INC.

Nos. 52, 53, Dockets 79-5017, 79-5018.

615 F.2d 925 (1979)

In the Matter of ARLAN'S DEPARTMENT STORES, INC., Debtor.

United States Court of Appeals, Second Circuit.

Decided November 5, 1979.

Attorney(s) appearing for the Case

Simon H. Rifkind, New York City (Paul Weiss, Rifkind, Wharton & Garrison, Edward N. Costikyan and Mark C. Morril, New York City, of counsel), for appellant Ballon, Stoll & Itzler.

Arthur H. Christy, New York City (Christy & Viener, Leonard J. Colamarino and Wayne Charles Matus, New York City, of counsel), for appellant Lappin, Rosen, Goldberg, Slavet, Levenson & Wekstein, Inc.

Ambrose Doskow, New York City (Rosenman, Colin, Freund, Lewis & Cohen, William W. Golub, Jane S. Solomon, and Grace Goodman, New York City, of counsel), for appellee Jack C. Auspitz, Trustee of the Debtor.

David Ferber, Sol. to the Securities and Exchange Commission, Washington, D.C. (Douglas J. Scheidt, Atty., Washington, D.C., Marvin E. Jacob, Associate Regional Administrator of the Securities and Exchange Commission, and Jerome Feller, Sp. Counsel, New York City), for appellee Securities and Exchange Commission.

Before MULLIGAN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MULLIGAN, Circuit Judge:

Two law firms which acted respectively as general counsel and special counsel to a debtor-in-possession in a proceeding under Chapter XI of the Bankruptcy Act, 11 U.S.C. §§ 701-99, appeal from an order of the United States District Court for the Southern District of New York, Hon. Robert L. Carter, Judge, which denied both firms any fees and ordered the return to the estate of fees and disbursements which had been paid together with...

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