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ROSS v. DRYBROUGH

No. 124.

152 F.2d 427 (1945)

ROSS et al. v. DRYBROUGH et al. In re QUANDT BREWING CO.

Circuit Court of Appeals, Second Circuit.

November 30, 1945.

Attorney(s) appearing for the Case

Edwin R. Wolff, of New York City, for appellants.

Edward S. Rooney, of Albany, N. Y., for appellee Drybrough.

George J. Hatt, 2d, of Albany, N.Y., for appellee Wright, trustee.

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

PER CURIAM.

When this case was before us upon the first appeal (Ross v. Drybrough, 2 Cir., 149 F.2d 676, 677) we remanded it to the District Court to decide in its discretion whether Ross might "still be in a position to seek to compel the trustee to prosecute objections to respondent's claim or, in default of such action, to ask permission himself to act in the name of the trustee." The District Judge has now held that, regarded...

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