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IN RE BROWN

No. 60.

118 F.2d 198 (1941)

In re BROWN.

Circuit Court of Appeals, Second Circuit.

March 10, 1941.

Attorney(s) appearing for the Case

Keith F. Driscoll and Costello, Cooney & Fearon, all of Syracuse, N. Y., for objecting creditor-appellant George M. Haight as Receiver.

Hiscock, Cowie, Bruce & Lee, Hancock, Dorr, Ryan & Shove, Searl, Langan & Searl, and Lionel O. Grossman, Vann, Tuck, Sheridan & Sheridan, Estabrook, Estabrook & Harding, Melvin & Melvin, Irving Levinson, and Tracy Ferguson and Howard Cannon, all of Syracuse, N. Y., for creditors-appellees.

A. J. & A. P. Oot, of Syracuse, N. Y., for appellee Frank J. Cregg, Jr.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The question to be determined on this appeal is whether Frank J. Cregg, Jr., or Frank T. Sheridan, received a majority in number and amount of the votes of the creditors of the bankrupt Julian S. Brown and was therefore the duly elected trustee. An order of the referee approving the appointment of Cregg was sustained by the district court on review. We think that it was right and should be affirmed.

The referee reported that...

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