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KELLY v. NATIONAL CITY BANK OF NEW YORK

No. 5405.

71 F.2d 689 (1934)

KELLY v. NATIONAL CITY BANK OF NEW YORK.

Circuit Court of Appeals, Third Circuit.

June 4, 1934.

Attorney(s) appearing for the Case

Howard L. Miller, of Camden, N. J., for appellant.

Daniel R. Creato, of Camden, N. J., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This is an appeal by a bankrupt from an order directing him to submit himself to examination before the referee. The proofs show that while he did originally appear before the referee, no examination was then made, no trustee was elected, and the estate was regarded as worthless. The National City Bank was a creditor, but alleged it did not receive notice of the time and place fixed for the first meeting of creditors and the examination...

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