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GRAMIL WEAVING CORP. v. RAINDEER FABRICS

No. 38, Docket 21708.

185 F.2d 537 (1950)

GRAMIL WEAVING CORP. v. RAINDEER FABRICS, Inc.

United States Court of Appeals Second Circuit.

Decided December 7, 1950.

Attorney(s) appearing for the Case

Gettinger & Gettinger, New York City, for appellant; Edward Gettinger and Samuel W. Sherman, New York City, of counsel.

Frederick E. M. Ballon, New York City, for appellee; Irving L. Golomb, Melvin Leibowitz, New York City, of counsel.

Before L. HAND, SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by a judgment creditor of Raindeer Fabrics, Inc., debtor in possession, from an order of the district court confirming an order of the referee which dismissed on the merits a petition of the creditor that its secured and unsecured claim be determined pursuant to section 57, sub. h of the Act.1 The principal contention upon the appeal is that the referee lacked jurisdiction to dismiss the claim on...

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