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IN RE BUSH TERMINAL CO.

No. 379.

105 F.2d 156 (1939)

In re BUSH TERMINAL CO.

Circuit Court of Appeals, Second Circuit.

June 26, 1939.

Attorney(s) appearing for the Case

Root, Clark, Buckner & Ballantine, of New York City (John M. Harlan, of New York City, of counsel), for appellant.

McCanliss & Early, of New York City (Martin Conboy, John Vance Hewitt, and Edward F. Butler, all of New York City, of counsel), for appellee.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

PER CURIAM.

The trustee is prosecuting an action in a state court to recover from former directors of the debtor dividends alleged to have been paid out of capital. In aid of this action he desired to examine the appellee, a former director, under section 21a of the Bankruptcy Act, 11 U.S.C.A. § 44 (a), and such an examination was authorized by an order which received the sanction of this court upon a prior appeal. In re Bush Terminal Co., 2 Cir.,

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