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ARROW DAIRY CO. v. CHASE SUPERIOR, INC.

No. 136.

116 F.2d 573 (1941)

ARROW DAIRY CO., Inc., v. CHASE SUPERIOR, Inc.

Circuit Court of Appeals, Second Circuit.

January 6, 1941.

Attorney(s) appearing for the Case

Levin & Weintraub, of New York City, (Benjamin Weintraub, of New York City, of counsel; Samuel Singer, of New York City, on the brief), for petitioner-appellant.

Gerdes & Montgomery, of New York City (W. Randolph Montgomery, of New York City, of counsel), for N. Y. Credit Men's Ass'n, as Amicus Curiae.

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

PER CURIAM.

This is an appeal from an order in bankruptcy in a proceeding under Chapter XI, 11 U.S.C.A. § 701 et seq., which confirmed an order of the referee refusing to allow two attorneys of creditors to serve as members of a creditors' committee appointed under § 338. They had been duly elected by the creditors, and the only objection to them was that they were disqualified because they were not themselves creditors. Section 338 like § 44, sub....

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