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LA BARBERA v. GRUBARD

No. 403.

112 F.2d 738 (1940)

LA BARBERA v. GRUBARD.

Circuit Court of Appeals, Second Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

George G. Lake, of New York City, for creditor-appellant.

Sydney Basil Levy, of New York City, for bankrupt-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

In Kroell v. New York Ambassador, 2 Cir., 108 F.2d 294, 296, we said that Rule 60(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, authorizing the court, within a reasonable time not exceeding six months, to relieve a party from a judgment, order, or proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect, indicated the proper grounds (though perhaps not the...

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