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IN RE J. H. SMALL SHOE CO.

No. 100.

16 F.2d 205 (1926)

In re J. H. SMALL SHOE CO. Petition of POTTER.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.

Attorney(s) appearing for the Case

William Lesser and Benjamin Lesser, both of New York City, for petitioner.

Slade, Slade & Slade, of New York City (Benjamin Slade, of New York City, of counsel), for respondent.

Before HOUGH, HAND, and MACK, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

Assuming, though not deciding, that we may not look to the opinion as a summary of the evidence taken before the District Court, we have nothing before us except the petition, the answer, and the order. The sole question is whether, on these, some error of law appears.

We think that there does. The answer alleges in præsenti that the respondent does, "to...

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