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NORMENT v. STILWELL

No. 226.

135 F.2d 132 (1943)

NORMENT et al. v. STILWELL.

Circuit Court of Appeals, Second Circuit.

April 22, 1943.

Attorney(s) appearing for the Case

Harry M. Young, of Mayville, N. Y. (Frank J. Militello, of Mayville, N. Y., of counsel), for appellant.

Falk, Phillips, Twelvetrees & Falk, of Buffalo, N. Y. (Stanley G. Falk, of Buffalo, N. Y., of counsel; Louis Borins, of Buffalo, N. Y., on the brief), for appellees.

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

SWAN, Circuit Judge.

This case was formerly before us on an appeal by the bankrupt from an order vacating a discharge granted to him without notice to creditors and dismissing the proceedings. In re Stilwell, 2 Cir., 120 F.2d 194, 195. We affirmed vacation of the discharge, but reversed dismissal of the proceedings and remanded the case with directions "to receive evidence either of prejudice to the creditors or of a deliberate determination...

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