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PATENT CEREALS v. FLYNN

No. 320.

149 F.2d 711 (1945)

PATENT CEREALS v. FLYNN.

Circuit Court of Appeals, Second Circuit.

June 7, 1945.

Attorney(s) appearing for the Case

William Harris, of Brooklyn, N. Y. (Edwin M. Slote, of New York City, of counsel), for Patent Cereals.

Glass & Lynch, of New York City (Joseph Glass and Leslie Kirsch, both of New York City, of counsel), for John L. Flynn, trustee of V. Loewer's Gambrinus Brewing Co., Inc., debtor.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by Patent Cereals, a creditor of V. Loewer's Gambrinus Brewing Co., Inc., from an order which dismissed the reorganization proceeding of the latter brought under Chapter X, Bankr. Act, 11 U.S.C.A. § 501 et seq., and remitted it to the involuntary proceeding in bankruptcy which had been instituted against it on January 8, 1943. On January 9, 1943, John L. Flynn was appointed...

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