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IN RE STILWELL

No. 251.

120 F.2d 194 (1941)

In re STILWELL.

Circuit Court of Appeals, Second Circuit.

June 4, 1941.

Attorney(s) appearing for the Case

Frank J. Militello and Harry M. Young, both of Mayville, N. Y., for appellant.

Stanley G. Falk and Falk, Phillips, Twelvetrees & Falk, all of Buffalo, N. Y. (Louis Borinsky, of Buffalo, N. Y., on the brief), for appellees.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

On November 10, 1930, Ralph A. Stilwell, appellant here, was adjudicated a voluntary bankrupt. On March 23, 1931 he petitioned for a discharge, and the District Court ordered that due notice be published and mailed to creditors. There is no proof of compliance with this order and we may take it as established that no notice was given. Shortly thereafter the referee, who is now deceased, recommended that discharge be withheld until an unpaid balance...

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