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HUGHES v. LAWYERS TRUST CO.

No. 174.

108 F.2d 792 (1940)

HUGHES v. LAWYERS TRUST CO.

Circuit Court of Appeals, Second Circuit.

January 15, 1940.

Attorney(s) appearing for the Case

Mortimer D. Atlas, of New York City (Nathan B. Fogelson, of New York City, of counsel), for appellant.

Daniel J. Mooney, of New York City (Joseph K. Guerin and Floyd D. Frost, both of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

Martin Conroy & Sons, Inc., on June 30, 1937 filed petition to reorganize under section 77B of the Bankruptcy Act, 11 U. S.C.A. § 207. The plaintiff was later appointed trustee of the estate and was ordered to liquidate it as in ordinary bankruptcy. For the purposes of the present case the situation was as if the debtor had filed voluntary petition in bankruptcy on June 30, 1937 and the plaintiff had been appointed trustee in bankruptcy...

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