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IN RE EVANS

No. 396.

85 F.2d 92 (1936)

In re EVANS. WIENTGE et al. v. MARINE TRUST CO. OF BUFFALO et al.

Circuit Court of Appeals, Second Circuit.

July 23, 1936.

Attorney(s) appearing for the Case

Parker, Finley & Benjamin, of New York City, and Donovan & Raichle and J. C. Randal, all of Buffalo, N. Y. (Frank G. Raichle and Jules C. Randal, both of Buffalo, N. Y., of counsel), for appellants.

Kenefick, Cooke, Mitchell, Bass & Letchworth and William R. Emblidge, all of Buffalo, N. Y., for certain unsecured creditors.

Franchot & Warren, of Buffalo, N. Y. (William C. Warren, Jr., of Buffalo, N. Y., of counsel), for bankrupt.

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

L. HAND, Circuit Judge.

This is an appeal by leave of this court from an order which dismissed the petition of two attaching creditors of the bankrupt, to vacate an adjudication entered upon his voluntary petition; the bankrupt and some of his unsecured creditors resist. The only question of law involved is whether there is any evidence substantial enough to support the judge's finding that on April 20, 1934, when the bankrupt filed his petition, he had had his principal...

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