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PALMER v. KELBY

No. 44.

138 F.2d 881 (1943)

PALMER et al. v. KELBY et al. BERDON et al. v. SAME. In re NEW YORK INVESTORS, Inc.

Circuit Court of Appeals, Second Circuit.

November 5, 1943.

Attorney(s) appearing for the Case

Samuel Masia, of New York City, for Archibald Palmer et al.

Emanuel Becker and Javits & Javits, all of New York City, for David Berdon et al.

Ross W. Lynn and Frueauff, Burns & Ruch, all of New York City, for Charles H. Kelby, trustee.

Owen D. Nee and Root, Clark, Buckner & Ballantine, all of New York City (William P. Palmer, of New York City, of counsel), for Reconstruction Finance Corporation.

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

L. HAND, Circuit Judge.

This case comes before us upon appeals from two orders of the bankruptcy court, denying allowances; one, to accountants retained by one of the petitioning creditors in a bankruptcy proceeding; the other, to the attorneys and counsel of all the petitioning creditors. The circumstances out of which the claims arose were as follows. On July 14, 1933, certain creditors of a corporation, known as the New York Investors, Inc., filed a sequestration...

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