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IN RE NEW YORK INVESTORS

No. 299.

130 F.2d 90 (1942)

In re NEW YORK INVESTORS, Inc. RECONSTRUCTION FINANCE CORPORATION v. KELBY et al.

Circuit Court of Appeals, Second Circuit.

July 27, 1942.

Attorney(s) appearing for the Case

Root, Clark, Buckner & Ballantine, of New York City (William P. Palmer and Frank L. Dewey, both of New York City, of counsel), for appellants.

Max E. Sanders, of New York City, for appellee New York Investors, Inc.

Frueauff, Burns & Ruch, of New York City (Clinton J. Ruch and Ross W. Lynn, both of New York City, of counsel), for appellee Charles H. Kelby, trustee in bankruptcy.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the Reconstruction Finance Corporation, the largest creditor of the debtor, New York Investors, Inc., from an order denying its application for an allowance. Charles H. Kelby and Clifford S. Kelsey were successively appointed receivers in equity of New York Investors, Inc., and trustees in a proceeding for its reorganization brought under Section 77B, Bankr.Act, 11 U.S.C.A. § 207. After plans for reorganization...

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