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BARR & CREELMAN MILL & PLUMBING SUPPLY CO. v. ZOLLER

No. 211.

109 F.2d 924 (1940)

BARR & CREELMAN MILL & PLUMBING SUPPLY CO. v. ZOLLER et al. In re DOLOMITE 3 CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 26, 1940.

Attorney(s) appearing for the Case

James A. Deckop, of Buffalo, N. Y. (Desbecker, Fisk, Deckop & Conners and Mildred Bork Conners, all of Buffalo, N. Y., on the brief), for appellant.

Howard M. Woods, of Rochester, N. Y., and Mark W. Norman, of Stamford, Conn. (Sutherland & Sutherland, of Rochester, N. Y., and Cummings & Lockwood, of Stamford, Conn., on the brief), for appellees.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

CLARK, Circuit Judge.

Dolomite Marine Corporation and its wholly owned subsidiary, Dolomite 3 Corporation, have filed separate petitions for reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. Barr & Creelman Mill & Plumbing Supply Co., the appellant, has asked for the allowance of a claim secured by lien in the sum of $11,469.68 against Dolomite 3 Corporation for materials ordered by the parent corporation, but used in the...

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