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IN RE RETAIL CHEMISTS CORPORATION

No. 445.

66 F.2d 605 (1933)

In re RETAIL CHEMISTS CORPORATION. IRVING TRUST CO. v. CLIMAX RUBBER CO. et al.

Circuit Court of Appeals, Second Circuit.

August 1, 1933.

Attorney(s) appearing for the Case

Root, Clark & Buckner, of New York City, and Cummings & Lockwood, of Stamford, Conn. (William P. Palmer, of New York City, and Raymond E. Hackett, of Stamford, Conn., of counsel), for appellant.

Palmer, Barber, Matters & Merritt, of St. Louis, Mo. (Bernard J. Thole, of counsel), for appellee A. S. Albrecht.

Abraham D. Slavitt, of South Norwalk, Conn. (Sidney Vogel, of South Norwalk, Conn., of counsel), pro se, and for appellee Climax Rubber Co.

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

AUGUSTUS N. HAND, Circuit Judge.

Retail Chemists Corporation, a New York corporation, filed a voluntary petition in bankruptcy in the United States District Court for the Southern District of New York on July 27, 1932. On the same day the Irving Trust Company was appointed and qualified as receiver in bankruptcy and continued to act as receiver until August 12, 1932, when its election as trustee in bankruptcy was approved by the referee.

Until shortly before...

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