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AIKEN v. HERZOG

No. 91, Docket 21129.

171 F.2d 588 (1948)

AIKEN et al. v. HERZOG.

United States Court of Appeals Second Circuit.

December 17, 1948.

Attorney(s) appearing for the Case

Abraham I. Menin, of New York City, for appellant.

Benjamin Siegel and Benjamin Brownstein, both of New York City, for appellees.

Before L. HAND, Chief Judge, and CHASE and FRANK, Circuit Judges.

PER CURIAM.

The claims allowed were for services rendered to the debtor between the date of petition filed, November 7th, 1947, and the date when a receiver was appointed, November 18th, 1947. The debtor had meanwhile obtained no order authorizing it to continue the business. The appeal is ruled by our decision in Re American Cooler Company,1 where we held that it was not necessarily a defense to the allowance of a loan as an administration...

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