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IN RE 671 PROSPECT AVENUE HOLDING CORPORATION

No. 409.

105 F.2d 960 (1939)

In re 671 PROSPECT AVENUE HOLDING CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 10, 1939.

Attorney(s) appearing for the Case

Nathan B. Fogelson, of New York City (Max Rockmore, of New York City, of counsel), for appellant.

Wayland & Bernard, of New York City (Caesar Nobiletti, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

This appeal was before us at a prior term of court and an opinion was rendered which is reported in 2 Cir., 97 F.2d 513. At the current term a motion was made by the trustee in bankruptcy to vacate our decision, recall our mandate, reinstate the appeal and grant a reargument on the ground that one of the judges who participated in the former decision was disqualified by personal interest. This motion was granted...

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