MAGEN v. UNITED STATES

No. 211.

24 F.2d 325 (1928)

MAGEN v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 14, 1928.


Attorney(s) appearing for the Case

Slade & Slade, of New York City (Maxwell Slade and David H. Slade, both of New York City, of counsel), for plaintiff in error.

William A. De Groot, U. S. Atty., of Brooklyn, N. Y. (Morris E. Packer, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


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

The substance of the errors assigned is that:

(1) No proper allegation of the appointment of the special commissioner is found in the indictment; no such person as a special commissioner could be appointed to conduct a hearing under section 21a of the Bankruptcy Act (11 USCA § 44), and he never took an oath to perform his duties.

(2) The...

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