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FORCEY v. SILBERBLATT

No. 5698.

78 F.2d 1016 (1935)

H. L. FORCEY and A. R. Chase, Executors and Trustees of the Estate of Thomas H. Forcey, Appellants, v. Morris L. SILBERBLATT, Trustees in Bankruptcy of Henry Boardman Powell, Bankrupt, Appellee.

Circuit Court of Appeals, Third Circuit.

June 12, 1935.

Attorney(s) appearing for the Case

A. M. Liveright and Liveright & Smith, all of Clearfield, Pa., for appellants.

Charles A. Woods, Jr., and J. Roy Dickie, both of Pittsburgh, Pa., N. F. Womer, of Du Bois, Pa., and Dickie, Robinson & McCamey, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and THOMPSON, Circuit Judges, and FORMAN, District Judge.

BUFFINGTON, Circuit Judge.

In this case it appears that on December 1, 1933, a petition in involuntary bankruptcy was filed in the court below against Henry Boardman Powell, and on January 9th following he was adjudged bankrupt. It further appears that the bankrupt had been, and was, an executor of Thomas H. Forcey and that the orphans' court of Clearfield county, which had jurisdiction in Forcey's estate, surcharged Powell in a large sum and on November 24, 1933...

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