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IN RE HERZOG

No. 289.

121 F.2d 581 (1941)

In re HERZOG et al.

Circuit Court of Appeals, Second Circuit.

July 9, 1941.

Attorney(s) appearing for the Case

Sydney Basil Levy, of New York City, for appellant.

Abraham Bisgaier, of New York City (Joseph K. Guerin, of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND and CLARK, Circuit Judges.

SWAN, Circuit Judge.

The referee to whom the trustee's specifications of objection were referred, denied the discharge for the reason that the bankrupts had failed to keep books of account from which their financial condition and business transactions might be ascertained. Upon petition for review the district court reversed the referee's order and granted a discharge to the bankrupts, individually and as copartners. The problem is whether the court was right in deeming...

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