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IN RE BAY PARKWAY HABERDASHERS & HATTERS

No. 278.

69 F.2d 103 (1934)

In re BAY PARKWAY HABERDASHERS & HATTERS, Inc. WILLIAM CARTER CO. v. CULLEN.

Circuit Court of Appeals, Second Circuit.

February 19, 1934.

Attorney(s) appearing for the Case

Cohen & Wedeen, of New York City (Sidney Wedeen, of New York City, of counsel), for appellant.

Jacob Frummer, of Brooklyn, N. Y., for appellee.

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

PER CURIAM.

The appellant and other creditors, with claims aggregating $1,319.64, voted for Albert L. Olsen as trustee for the bankrupt. Three claims aggregating $855.36 voted for Thomas H. Cullen, Jr. (the receiver), and the referee appointed him trustee, stating that he declined to certify Mr. Olsen elected trustee because of a disapproval based upon the fact that Mr. Olsen's election was controlled by the assignee's attorneys. Cohen & Wedeen, attorneys in fact...

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