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BRADY v. McCANN

Nos. 4375, 4376, 10007.

8 F.2d 928 (1925)

BRADY v. McCANN. SAME v. EDWARDS. In re SUPERIOR SERVICE COAL & COKE CO.

Circuit Court of Appeals, Sixth Circuit.

November 9, 1925.

Attorney(s) appearing for the Case

Howard F. Burns, of Cleveland, Ohio, for petitioner.

Price, Shepherd & Graves, of Cleveland, Ohio (Smith, Olds, Smith & Shepherd, of Cleveland, Ohio, on the brief), for respondents.

Before DONAHUE and MOORMAN, Circuit Judges, and SESSIONS, District Judge.

PER CURIAM.

From these agreed statements of facts it clearly appears that each of these claimants, while clothed with some discretion in the performance of his respective duties, nevertheless occupied a subordinate position and was under the control and direction of the general manager. For this reason we think the services performed by each of these claimants comes clearly within the provisions of section 64b(4) of the Bankruptcy Act (Comp. St. § 9648), and...

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