IN RE KLEIN'S RAPID SHOE REPAIR CO.

No. 177.

54 F.2d 495 (1931)

In re KLEIN'S RAPID SHOE REPAIR CO., Inc. Appeal of KENT STORES, Inc.

Circuit Court of Appeals, Second Circuit.

December 7, 1931.


Attorney(s) appearing for the Case

Krause & Hirsch, of New York City, for respondent.

Miller, Fieldman & Paul, of New York City (Louis Fieldman, of New York City, of counsel), for appellant, Kent Stores, Inc.

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


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

This appellant was not a creditor and has only whatever standing an unsuccessful highest bidder at a receiver's sale may have. It relies primarily upon the case of In re Williams (C. C. A.) 197 F. 1. In that case the highest bidder at a trustee's sale was held to be entitled to have his bid reported to the referee, and, in the absence of special circumstances, like an unfair price, fraud, or inability to perform...

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