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IN RE JACKSON CO.

No. 212.

15 F.2d 614 (1926)

In re J. H. JACKSON CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 19, 1926.

Attorney(s) appearing for the Case

McManus, Ernst & Ernst, of New York City (Irving L. Ernst, Walter E. Ernst, and Hugo I. Epstein, all of New York City, of counsel), for appellant.

Robert P. Levis, of New York City, for receivers in bankruptcy.

Before HOUGH, MANTON, and HAND, Circuit Judges.

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

This appeal rests on the assertion that the proceedings below are inconsistent with In re Sugarman (C. C. A.) 3 F.2d 436. We have held that matters of this kind, although summary, require "due hearing" — a phrase implying "a statement by the party plaintiff and an answer by the party defendant," and "an issue framed by what are practically pleadings; on those pleadings...

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