SCHWARTZ v. MILLS

No. 22, Docket 22036.

192 F.2d 727 (1951)

SCHWARTZ v. MILLS.

United States Court of Appeals Second Circuit.

Decided November 15, 1951.


Attorney(s) appearing for the Case

Joseph Lewis Simon, of New York City (Rubin Cohen, of New York City, on the brief), for petitioning creditor-appellant.

N. William Welling, of New York City, for appellee.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


CLARK, Circuit Judge.

This appeal attacks the validity of the appointment of a trustee in bankruptcy made by a referee on failure of choice by the creditors. An objecting creditor challenged the right of another claimant to vote, and repeats the challenge here after denial of his petition for review, and affirmance of the referee's action, by the district court.

The bankrupt is Grade A Foods Corp., which was adjudicated on a petition filed December 22, 1950...

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