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FLAT-MARKS REALTY CORP. v. SILVER'S LUNCH STORES

No. 98.

74 F.2d 210 (1934)

FLAT-MARKS REALTY CORPORATION v. SILVER'S LUNCH STORES, Inc.

Circuit Court of Appeals, Second Circuit.

December 10, 1934.

Attorney(s) appearing for the Case

Meyer Kraushaar, of New York City, for appellant.

Joseph Sterling, of New York City, for appellee.

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

L. HAND, Circuit Judge.

This case arises on an appeal from an order in bankruptcy affirming the order of a referee, expunging a claim against the bankrupt in composition, and vacating an order granting an examination under section 21a, Bankr. Act (11 USCA § 44 (a). After the order for examination had been granted, the bankrupt countered by a motion to amend its schedules by striking out the claimant's name as creditor, and to vacate the order of examination because...

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