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IN RE KELLETT AIRCRAFT CORPORATION

No. 9728.

173 F.2d 689 (1949)

In re KELLETT AIRCRAFT CORPORATION.

United States Court of Appeals Third Circuit.

Decided February 9, 1949.

Rehearing Denied March 28, 1949.

Attorney(s) appearing for the Case

Joseph J. Brown, of Philadelphia, Pa., for appellant.

Charles A. Wolfe, of Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This appeal is from the dismissal of a proof of claim and of a petition for reclamation filed in the proceeding for the reorganization of Kellett Aircraft Corporation under Chapter X of the Bankruptcy Act, 11 U.S.C.A. A further amendment of the petition for reclamation, allowing appellant to present its claim to recover the sum paid by it for certain tools fabricated for it by Kellett and reserving the right to the trustees to offer defenses...

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