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IN RE ADOLF GOBEL, INC.

No. 287.

89 F.2d 171 (1937)

In re ADOLF GOBEL, Inc.

Circuit Court of Appeals, Second Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

Guggenheimer & Untermyer, of New York City (Abraham Shamos, of New York City, of counsel), for appellant.

Gleason, McLanahan, Merritt & Ingraham, of New York City (Burgess Osterhout, of New York City, of counsel), for Adolf Gobel, Inc., debtor.

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

CHASE, Circuit Judge.

On April 25, 1935, the appellant's intestate was accidentally killed by a truck being operated in the State of New York on the business of Adolf Gobel, Inc. The next day Adolf Gobel, Inc., filed its petition for reorganization under section 77B of the Bankruptcy Act (11 U.S.C.A. § 207).

On June 13, 1935, the appellant secured an ex parte order permitting him to prosecute a state court action for the alleged wrongful act of the defendant...

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