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IN RE TIMES SQUARE AUTO SUPPLY CO.

No. 159.

47 F.2d 210 (1931)

In re TIMES SQUARE AUTO SUPPLY CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

Blumberg & Parker, of New York City (Samuel M. Chapin, of New York City, of counsel), for appellant.

David Haar, of New York City, for appellee.

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

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

The jurisdiction of this court is challenged by a motion to dismiss on the ground that no leave to appeal was obtained. If an appeal lies only under section 24b of the Bankruptcy Act, as amended by the Act of May 27, 1926, § 9, 11 USCA § 47 (b), the motion must be granted; if, however, it lies under section 24a, as amended by Act May 27, 1926, § 9, 11 USCA § 47 (a), jurisdiction exists.

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