No. 291.

111 F.2d 434 (1940)

ELFAST v. LAMB et al.

Circuit Court of Appeals, Second Circuit.

April 29, 1940.

Attorney(s) appearing for the Case

Clarence C. Meleney, of New York City (John A. Anderson and Theodore E. Wolcott, both of New York City, of counsel), for Henry C. Elfast, appellant.

David W. Kahn, of New York City (David W. Kahn and Nathan Siegel, both of New York City, of counsel), for petitioning creditors, appellees.

John J. Bennett, Jr., Atty. Gen. of New York (Ambrose V. McCall and Harry Greenwald, Asst. Attys. Gen., of counsel), amicus curiae.

John A. Anderson, of New York City, for Timothy J. Healy, receiver appointed under the Martin Act, as amicus curiae.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This proceeding was commenced by the filing of an involuntary petition in bankruptcy in the United States District Court on the 1st day of July, 1939, by the petitioning creditor Lou Lamb. Thereafter, pursuant to orders made on July 31, and August 1, 1939, respectively, other creditors, to wit: 140 East 28th Street Corporation and Starrkin Corporation, intervened and joined in the pending bankruptcy petition of Lou Lamb. Issues raised...


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