MINERS SAV. BANK OF PITTSTON, PA. v. JOYCE

Nos. 6302, 6307, 6310.

97 F.2d 973 (1938)

MINERS SAV. BANK OF PITTSTON, PA., v. JOYCE et al. UNITED STATES v. SAME. ROBERTSON et al. v. SAME.

Circuit Court of Appeals, Third Circuit.

April 14, 1938.


Attorney(s) appearing for the Case

W. L. Pace, of Pittston, Pa., for Miners Sav. Bank of Pittston, Pa.

James W. Morris, Asst. Atty. Gen., Sewall Key and Clarence E. Dawson, Sp. Assts. to Atty. Gen., Frederick V. Follmer, U. S. Atty., of Scranton, Pa., and Herman F. Reich, Asst. U. S. Atty., of Sunbury, Pa., for the United States.

R. L. Levy, of Scranton, Pa., for Nelson Robertson.

John P. Kelly, W. J. Fitzgerald, and Edward J. Kelly, all of Scranton, Pa. (Kelly, Fitzgerald & Kelly, of Scranton, Pa., of counsel), for appellees.

Leo W. White, W. H. Gillespie, and Frank M. Flanagan, all of Pittston, Pa., and R. L. Coughlin, of Wilkes-Barre, Pa., amici curiae.

Before BUFFINGTON and BIGGS, Circuit Judges, and MARIS, District Judge.


MARIS, District Judge.

On June 30, 1934 the Howell & King Company filed a debtor's petition under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207 and note, in the District Court for the Middle District of Pennsylvania. On the same day the court appointed P. F. Joyce trustee and on October 2, 1934, C. Raymond Bensinger and Peter Noll were appointed additional trustees. The trustees were authorized to continue the business of the debtor. In accordance...

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