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IN RE NEW ROCHELLE COAL & LUMBER CO.

No. 410.

77 F.2d 881 (1935)

In re NEW ROCHELLE COAL & LUMBER CO.

Circuit Court of Appeals, Second Circuit.

June 3, 1935.

Attorney(s) appearing for the Case

Moos, Nathan, Imbrey & Levine, of New York City (S. Howard Imbrey, of New York City, of counsel), for appellant.

Twyeffort & Du Bois, of New York City (Frank H. Twyeffort, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The appellee filed a petition under section 77B (11 USCA § 207) of the Bankruptcy Act seeking a reorganization. No answer was filed by the present appellant. Later a plan for reorganization was proposed by the appellee and approved by the court below. The appellant, a creditor, has appealed. Previous to the filing of the petition, the appellant sued the appellee for its debt of $26,051.63, and before judgment was entered therein, the petition...

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