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IN RE McCRORY STORES CORPORATION

No. 456.

91 F.2d 947 (1937)

In re McCRORY STORES CORPORATION et al. COOPER v. IRVING TRUST CO. et al.

Circuit Court of Appeals, Second Circuit.

July 12, 1937.

Attorney(s) appearing for the Case

Ernst, Gale, Bernays & Falk, of New York City (Murray C. Bernays and George G. Ernst, both of New York City, of counsel), for appellant.

Charles Rosenbaum, of New York City (Charles Rosenbaum and Maurice Gellar, both of New York City, of counsel), for appellees 57 Specific Creditors of McCrory Stores Corporation.

Stanchfield & Levy, of New York City (David S. Hecht, of New York City, of counsel), for appellee Hallgarten & Co.

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

AUGUSTUS N. HAND, Circuit Judge.

This appeal tests the power of the judge in charge of a proceeding for the reorganization of McCrory Stores Corporation under section 77B of the Bankruptcy Act (11 U.S.C.A. § 207) to revise the terms of a contingent fee retainer of the appellant Irving Ben Cooper and fix his fee at $35,000 on the ground that this sum was reasonable compensation for the services rendered. In our opinion he had such power under the terms of section...

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