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IN RE LEVEL CLUB

46 F.2d 1002 (1931)

In re LEVEL CLUB, Inc.

District Court, S. D. New York.

February 3, 1931.

Attorney(s) appearing for the Case

Jenks & Rogers, of New York City, for Level Club, Inc. (Gustavus A. Rogers, of New York City, of counsel), in support of motions Nos. 1, 2, 3, and 4, and in opposition to motion No. 5.

Joseph Krinsky, of New York City, for petitioning creditors, in opposition to motions Nos. 1, 2, 3, and 4, and in support of motion No. 5.

Levy, Kraus & Leman (by J. L. Kraus, 2d), of New York City, for Irving Trust Co., in opposition to motions Nos. 1, 2, 3, and 4, and in support of motion No. 5.

WOOLSEY, District Judge.

I deny the motions (1) to vacate the adjudication, (2) to vacate the receivership order, (3) to vacate the order for examinations under section 21a, and (4) to dismiss the petition in bankruptcy.

I grant the motion to vacate the order extending bankrupt's time to answer.

I. The result of all these motions, except the motion to vacate the order appointing a receiver, is entirely dependent on the result of the motion to set aside...

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