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IN RE BYRD COAL CO.

No. 330.

83 F.2d 256 (1936)

In re BYRD COAL CO., Inc. McCABE v. MANDELBAUM.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.

Attorney(s) appearing for the Case

Herman G. Robbins, of Brooklyn, N. Y., for appellant.

Jacob M. Mandelbaum, of New York City, for appellee.

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

PER CURIAM.

We agree with the judge that for failure to obey an order made under section 60d of the Bankruptcy Act, 11 U.S.C.A. § 96 (d), the respondent cannot be imprisoned unless it is shown that he can comply. The trustee's attorney said at the argument before us that he conceded that the respondent could not now pay, and perhaps upon that we might affirm the order; but we are not content to adopt this course. The respondent's effort to purge himself is not...

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