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IN RE WISUN & GOLUB, INC.

No. 440.

84 F.2d 1 (1936)

In re WISUN & GOLUB, Inc.

Circuit Court of Appeals, Second Circuit.

June 15, 1936.

Attorney(s) appearing for the Case

Mattuck & Mattuck, of New York City, for appellants.

Sydney D. Robins, of New York City (Jacob Goodman, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

The debtor, a New York corporation, on May 29, 1935, prepared for filing a petition under section 77B of the Bankruptcy Act (11 U.S.C.A. § 207) for a reorganization. It was ready for submission to the clerk of the District Court for filing together with the filing fee, but an attorney for a number of the creditors urged that they preferred an assignment for their benefit, and accordingly the petition was not filed and an assignment of all...

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