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IN RE MADELAINE, INC.

No. 47, Docket 20712.

164 F.2d 419 (1947)

In re MADELAINE, Inc.

Circuit Court of Appeals, Second Circuit.

December 2, 1947.

Attorney(s) appearing for the Case

Baer & Marks, of New York City (George H. Klein, of New York City, of counsel), for appellants.

Krause, Hirsch, Levin & Heilpern, of New York City (Elliot L. Krause, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

Upon its voluntary petition Madelaine, Inc., was adjudicated bankrupt in November 1944 and the appellee was duly appointed its trustee in January 1945. Thereafter the appellants filed proofs of claims, each claiming to have lent the bankrupt $3,000 as evidenced by a letter signed by the bankrupt's president. In September 1946 the trustee in bankruptcy moved for a re-examination of such claims on the ground that the alleged loans were in fact capital...

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