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IN RE NOVO PATHIC HOSPITAL CO.

No. 4627.

14 F.2d 955 (1926)

In re NOVO PATHIC HOSPITAL CO. HOPKINS et al. v. BURCH, BACON, & DENLINGER et al.

Circuit Court of Appeals, Sixth Circuit.

October 16, 1926.

Attorney(s) appearing for the Case

J. S. Miller, of Alliance, Ohio (Sidney L. Geiger, of Alliance Ohio, on the brief), for petitioners and appellants.

Willis Bacon, of Akron, Ohio (Burch, Bacon & Denlinger, of Akron, Ohio, on the brief), for respondents and appellees.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

PER CURIAM.

Upon the first meeting of creditors the referee declined to allow certain creditors and attorneys to vote, holding them disqualified for that purpose, and thereupon, there being no election by the proper majority, the referee himself appointed a trustee. Clearly these were proceedings in bankruptcy, as distinguished from that controversy arising in bankruptcy which is appealable under Bankruptcy Act, § 24a, being Comp. St. § 9608, or that, final...

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