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GAFCO v. MACLEOD

No. 267.

128 F.2d 260 (1942)

GAFCO, Inc., v. MACLEOD.

Circuit Court of Appeals, Second Circuit.

May 15, 1942.

Attorney(s) appearing for the Case

Levy, Finke & Jacobs, of New York City (Marcy Finke, of New York City, of counsel), for appellant.

Jacob Meadow, of New York City (Bernard Mercer, of New York City, of counsel), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

This is an appeal by Gafco, Inc., a creditor of Katz & William, Inc., bankrupt, from an order of the district court which confirmed an order of the referee in bankruptcy appointing appellee trustee of the bankrupt's estate. At the first meeting of creditors, the referee declared a deadlock in the election, neither candidate having a majority of creditors in number and amount, and made the challenged appointment. 11 U.S.C.A. § 72, sub. a. The appellant...

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