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I. & I. HOLDING CORPORATION v. GREENBERG

No. 26.

151 F.2d 570 (1945)

I. & I. HOLDING CORPORATION et al. v. GREENBERG.

Circuit Court of Appeals, Second Circuit.

November 5, 1945.

Attorney(s) appearing for the Case

Newman & Bisco, of New York City, and Duberstein & Schwartz, of Brooklyn, N. Y. (Robert E. Shortall, of New York City, and Max Schwartz, of Brooklyn, N. Y., of counsel), for appellants.

Edwin M. Slote, of New York City (Seymour Herzog, of New York City, on the brief), for appellee.

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

SWAN, Circuit Judge.

This appeal raises an interesting question which counsel say is one of first impression, namely, whether denial of a discharge in a pending bankruptcy proceeding precludes the bankrupt from obtaining confirmation of a plan of arrangement thereafter presented in the same proceeding.

The facts are not in dispute. Upon an involuntary petition Henry Greenberg was adjudicated bankrupt on December 29, 1939. After a contest on the merits his...

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