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IN RE LATHAM LITHOGRAPHIC CORPORATION

No. 52.

107 F.2d 749 (1939)

In re LATHAM LITHOGRAPHIC CORPORATION.

Circuit Court of Appeals, Second Circuit.

November 27, 1939.

Attorney(s) appearing for the Case

Brodsky & Stone, of New York City (Irving Brodsky, of New York City, of counsel), for appellant.

Weil & Fenster, of New York City, (Frederick Fenster, of New York City, of counsel), for creditor-appellee.

Duberstein & Schwartz, of Brooklyn, N. Y., (Samuel C. Duberstein and Max Schwartz, both of Brooklyn, N. Y., of counsel), for appellees.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This appeal brings up a contest between two creditors over the election of a trustee of the bankrupt Latham Lithographic Corporation. The referee allowed the appellant Fisher to vote his claim, with the result that no nominee for the office of trustee had a majority in number and amount of the voted claims. The referee then appointed Samuel Rabin as trustee. Upon the petition of Bulkley, Dunton & Co., a creditor, the district court reversed...

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