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IN RE ROMAN

No. 395.

23 F.2d 556 (1928)

In re ROMAN. Ex parte HELFAND.

Circuit Court of Appeals, Second Circuit.

January 20, 1928.

Attorney(s) appearing for the Case

Walter Gordon Merritt, of New York City, for appellant.

Jacob M. Mandelbaum, Daniel F. Cohalan, and William P. Maloney, all of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

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

The trustee's application necessarily presupposes that the syndicate has money, the property of the bankrupt, which it colorably retains. Such a position alone could justify summary action by the bankruptcy court. Bryan v. Bernheimer, 181 U.S. 188, 21 S.Ct. 557, 45 L. Ed. 814; Taubel v. Fox, Trustee, 264 U.S. 426, 44 S.Ct. 396, 68 L. Ed. 770;...

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