CLARK v. GOLDMAN

No. 85.

127 F.2d 852 (1942)

CLARK et al. v. GOLDMAN et al.

Circuit Court of Appeals, Second Circuit.

April 15, 1942.


Attorney(s) appearing for the Case

Edward F. Clark and Leonard J. Reynolds, both of New York City, for appellants.

Before L. HAND, CLARK, and FRANK, Circuit Judges.


PER CURIAM.

Both the claimants and the creditors' committee agree that the sum upon which any allowance is to be reckoned should be the share of all non-assenting creditors — secured and unsecured — in any increase in the bid of the creditors' committee which resulted from the claimants' efforts. This is obviously the right amount to take as the base; and the district judge will use it in fixing the allowance, if any. Whether the claimants' efforts did...

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