IN RE KOLB

No. 94.

151 F.2d 605 (1945)

In re KOLB et al.

Circuit Court of Appeals, Second Circuit.

November 1, 1945.


Attorney(s) appearing for the Case

Krause, Hirsch, Levin & Heilpern, of New York City (Elliot L. Krause, of New York City, of counsel), for objecting creditors-appellants.

Harold M. Geller, of New York City, for bankrupts-appellees.

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


FRANK, Circuit Judge.

The questions were undoubtedly material. The sole issue is whether the refusal to answer, without any previous approval by the Referee, is sufficient to deny the bankrupts their relief. Appellants contend that the bankrupts, in failing to object to the questions when asked, conceded their materiality, and waived the express approval by the Court. We think the District judge was correct in rejecting this contention and in concluding that "it is...

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