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LOCKHART v. MITTLEMANN

No. 33.

123 F.2d 703 (1941)

LOCKHART v. MITTLEMANN.

Circuit Court of Appeals, Second Circuit.

December 1, 1941.

Attorney(s) appearing for the Case

George J. Hirsch and Krause, Hirsch & Levin, all of New York City, for appellant.

Harry Mesard, of New York City (Walter B. Kempner and Louis S. Maritzer, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy denying the petition of the trustee to compel the bankrupt to account for moneys received by him after petition filed. The facts are as follows. On October 24, 1935, a judge of the New York Supreme Court appointed Mittlemann, the bankrupt, one of three trustees to carry out a "Plan of Reorganization," approved in the preceding January in a proceeding in that court to "rehabilitate" the affairs of...

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