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IN RE FULLER

No. 5.

15 F.2d 294 (1926)

In re FULLER et al. Petition of STONEHAM.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.

Attorney(s) appearing for the Case

Max D. Steuer, of New York City (Harold H. Corbin, of Saratoga Springs, N. Y., of counsel), for Stoneham.

Chadbourne, Hunt, Jaeckel & Brown, of New York City (William M. Chadbourne and Carroll R. Ward, both of New York City, of counsel), for intervening creditors.

Kohlman & Austrian, of New York City (Saul J. Lance and Carl J. Austrian, both of New York City, of counsel), for original petitioning creditors.

Before HOUGH, MANTON, and HAND, Circuit Judges.

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

That the petition as it stood on June 26, 1922, was insufficient both sides must agree. In re Nelson (D. C.) 98 F. 76; In re Rosenblatt, 193 F. 638, 113 C. C. A. 506 (C. C. A. 2); In re Condon, 209 F. 800, 126 C. C. A. 524 (C. C. A. 2); In re Triangle S. S. Co. (D. C.) 267 F. 300, 303. The question is whether the allegation of the act of bankruptcy might be amended, or amplified by bill of particulars, for we...

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