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ALBERT v. MARTIN CUSTOM MADE TIRES CORPORATION

No. 143.

116 F.2d 962 (1941)

ALBERT et al. v. MARTIN CUSTOM MADE TIRES CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 13, 1941.

Attorney(s) appearing for the Case

Daniel Levy, of New York City, for appellants.

Strauss, Reich & Boyer, of New York City (Philip Feldman and Gerald T. Ryan, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy denying a petition to open pro tanto an order confirming a plan of reorganization in a proceeding under § 77B, 11 U.S. C.A. § 207, so as to allow the petitioners to reclaim certain chattels which they allege the debtor got by fraud. The debtor filed a voluntary petition under Chapter X, 11 U.S.C.A. § 501 et seq., on February 14, 1938, and a plan was confirmed on February 7, 1940,...

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