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IN RE WILLAX

No. 145.

93 F.2d 293 (1937)

In re WILLAX. Ex parte HAROLD H. SMITH, Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 6, 1937.

Attorney(s) appearing for the Case

Watts, Oakes & Bright, of Middletown, N. Y. (Charles C. Redfield, of Middletown, N. Y., of counsel), for appellants.

David M. Berger, of New York City, for bankrupt-appellee Maud E. Willax.

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

AUGUSTUS N. HAND, Circuit Judge.

The appellants Harold H. Smith, Inc., and Ralph Y. Matthews filed mechanics' liens against premises belonging to Maud E. Willax for work upon a building that was being erected thereon. On February 13, 1936, the said Willax filed a petition for a composition or extension of time under section 74 of the Bankruptcy Act, as amended (11 U.S.C.A. § 202). On March 30, 1936, the above lienors filed claims in that proceeding as secured...

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