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IN RE J. P. LINAHAN

Nos. 142, 143.

138 F.2d 650 (1943)

In re J. P. LINAHAN, Inc.

Circuit Court of Appeals, Second Circuit.

November 8, 1943.

Attorney(s) appearing for the Case

Weinstein & Levinson, of New York City, for answering stockholders and answering creditor.

Baar, Bennett & Fullen, of New York City (Frank Weinstein, Samuel J. Levinson, and John P. Hurley, all of New York City, of counsel), for debtor.

Raymond J. Scully, of New York City, for petitioning creditors.

Edward Robinson, Jr., of Oyster Bay, L. I., N. Y., for debtor in possession.

Trachman & Krosner, of New York City (Raymond J. Scully, of New York City, Harry Robinson, of Oyster Bay, L. I., N. Y., and Hilbert I. Trachman and Irving R. Krosner, both of New York City, of counsel), for minority stockholder.

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

FRANK, Circuit Judge.

1. Appellants complain that the District Court, having appointed Referee Olney as Special Master in Chapter X proceedings begun by involuntary petition and contested by appellants, denied appellants' application to remove that Special Master because of bias. Appellants point to matters alleged to show such bias, most of which are so frivolous as to deserve no discussion. Special emphasis is put on these facts: The Master has heretofore entered...

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