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ROSS v. DRYBROUGH

No. 234.

149 F.2d 676 (1945)

ROSS v. DRYBROUGH.

Circuit Court of Appeals, Second Circuit.

June 6, 1945.

Attorney(s) appearing for the Case

Edwin R. Wolff, of New York City, for petitioner-appellant.

Edward S. Rooney, of Albany, N. Y. (Cooper, Erving & Savage, of Albany, N. Y., on the brief), for respondent-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

On June 11, 1938, Quandt Brewing Company filed a petition for reorganization under former § 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. Reorganization having failed, it was adjudged to be insolvent and adjudicated a bankrupt on June 21, 1941; and on August 12, 1941, a trustee was appointed. On September 10, 1942, Ross, a former president of the debtor corporation, in his capacity as a general creditor petitioned the referee for an...

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