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GRAND UNION EQUIPMENT CO. v. LIPPNER

No. 246, Docket 20952.

167 F.2d 958 (1948)

GRAND UNION EQUIPMENT CO., Inc. v. LIPPNER.

Circuit Court of Appeals, Second Circuit.

May 7, 1948.

Attorney(s) appearing for the Case

Solomon M. Cheser, of New York City (Tell, Cheser, Werner & Breitbart and Benjamin L. Tell, all of New York City, on the brief), for debtor-appellant.

George I. Janow, of New York City, for creditor-appellee.

Before SWAN, CLARK, andl FRANK, Circuit Judges.

CLARK, Circuit Judge.

This appeal raises the question of the power of a bankruptcy court to modify a final injunction prohibiting actions against a debtor in arrangement proceedings some thirteen months after entry of the decree. The debtor, Frank Lippner, was a motor common carrier of freight who petitioned for relief under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq., July 13, 1946. His amended plan of arrangement was confirmed on October 10...

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