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IN RE LITERARY DIGEST

No. 132.

108 F.2d 808 (1940)

In re LITERARY DIGEST, Inc.

Circuit Court of Appeals, Second Circuit.

January 15, 1940.

Attorney(s) appearing for the Case

Zalkin & Cohen, of New York City, (Israel Akselrod, and Barney B. Fensterstock, both of New York City, of counsel), for appellant.

Milton H. Goldson, of New York City, for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

On March 16, 1938, The Literary Digest, Inc., filed a voluntary petition for reorganization under the provisions of Sec. 77B, of the Bankruptcy Act, 11 U.S.C.A. § 207, in the District Court for the Southern District of New York. The petition was approved the next day and on the following May 24th an order providing for the liquidation of the debtor was entered.

On September 3, 1938, Publishers Guild, Inc., filed a claim in the proceedings...

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