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IN RE MERCURY ENGINEERING CO.

No. 43619.

60 F.Supp. 786 (1945)

In re MERCURY ENGINEERING CO.

District Court, S. D. California, Central Division.

May 29, 1945.

Attorney(s) appearing for the Case

James M. Gammon and Cobb & Utley (by Ernest R. Utley) all of Los Angeles, Cal., for claimant.

Martin Gendel, of Los Angeles, Cal., for trustee.

YANKWICH, District Judge.

The order of the Referee, dated April 10, 1945, heretofore argued and submitted is reversed, with instructions to the Referee to allow the trustee to amend his objection so as to assert the counterclaim or off-set to the claim of Arthur E. Barili, and for such further proceedings as it may be advisable to have in conformity with the views hereinafter expressed.

As I take it, the gist of the order is contained in the following:

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