IN RE CLARKE


35 F.Supp. 227 (1940)

In re CLARKE.

District Court, S. D. New York.

August 21, 1940.


Attorney(s) appearing for the Case

Joseph W. Kaufman, of New York City, for alleged bankrupt.

Benjamin I. Sperling, of New York City (Abraham I. Menin, of New York City, of counsel), for creditor.


CONGER, District Judge.

This is a motion to vacate a subpoena directed to Ella R. Clarke, an alleged bankrupt. The subpoena was dated July 25, 1940; was served with the petition on July 29, 1940, at least five days before the return day as required by the Bankruptcy Act, and was returnable August 4, 1940, ten days after the date of issuance.

The subpoena complained of is the official form and complies with the statute. The subpoena must be returnable within...

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