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IN RE AMERICAN SOLVENTS & CHEMICAL CORPORATION

No. 45.

73 F.2d 301 (1934)

In re AMERICAN SOLVENTS & CHEMICAL CORPORATION. MONTAIGNE, Asst. Tax Com'r of Delaware v. ROSSVILL ALCOHOL & CHEMICAL CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

Peaslee & Brigham, of New York City (Amos J. Peaslee and Gerald J. McMahon, both of New York City, of counsel), for appellant.

Zalkin & Cohen, of New York City (Israel Akselrod, of New York City, of counsel), for appellees Rossvill Alcohol & Chemical Corporation, Vincent W. Westrup, and Samuel C. Wood.

Rosenberg, Goldmark & Colin, of New York City (Godfrey Goldmark and Max Freund, both of New York City, of counsel), for Irving Trust Co. appearing specially.

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

MANTON, Circuit Judge.

The American Solvents & Chemical Corporation, on a voluntary petition, was adjudicated a bankrupt on February 13, 1932, and on March 7, 1932, the Irving Trust Company was appointed trustee in bankruptcy. An order was entered on March 7, 1932, in the bankruptcy proceeding, directing all claimants to file their claims with the trustee on or before April 6, 1932, and notice thereof was served by publication and by mail. Appellant did not file...

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