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IN RE KLEIN'S OUTLET

No. 79509.

50 F.Supp. 557 (1942)

In re KLEIN'S OUTLET, Inc.

District Court, S. D. New York.

February 26, 1942.

Attorney(s) appearing for the Case

Archibald Palmer, of New York City, for debtor.

Morris Okoshken, of Jamaica, L.I., N.Y., for Rose Klein.

Benjamin F. Steinberg, of New York City, for petitioning creditors.

Sidney Basil Levy, of New York City, for receiver Harold L. Lipton.

Irving J. Tell, of New York City, for Klein's 34th Street, Inc.

Benjamin F. Steinberg, of New York City, and Louis P. Rosenberg, of Brooklyn, N.Y., for trustee.

BONDY, District Judge.

The proceedings heretofore had herein are conflicting and confusing. Creditors ask that the debtor be continued in possession. They do so in spite of the fact that a judge of the Supreme Court of the State of New York has found in a stockholder's derivative suit brought by Rose Klein against the debtor and others that those now in control of the debtor have mismanaged the property of the debtor and wasted, lost and acquired to themselves and...

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