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FOX v. CAPITAL CO.

No. 6472.

96 F.2d 684 (1938)

FOX v. CAPITAL CO. et al.

Circuit Court of Appeals, Third Circuit.

April 25, 1938.

Attorney(s) appearing for the Case

Daniel G. Rosenblatt and Murry C. Becker, both of New York City, and Cole & Cole, of Atlantic City, N. J., for appellant Eva Fox.

Walter Hanstein, of Atlantic City, N. J., for appellees Capital Co. and Chicago Title & Trust Co.

Wm. Elmer Brown, Jr., of Atlantic City, N. J., for appellee Hiram Steelman, trustee in bankruptcy for William Fox.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the proceedings under 21a of the Bankruptcy Act, 11 U.S.C.A. § 44(a), in the Matter of William Fox, bankrupt, Eva Fox, the appellant, appeared in the referee's court, in obedience to a subpoena, on August 25, 1936, and after testifying for some time, "she practically went to pieces mentally and physically," lost her voice, and was apparently a mental and physical wreck. She was excused, with direction by the referee to appear the...

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