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SAPER v. JOHN VIVIANE & SON, INC.

No. 223, Docket 24653.

258 F.2d 826 (1958)

Lewis H. SAPER and I. Arnold Ross, Petitioners-Appellants, v. JOHN VIVIANE & SON, INC., John Viviani, Barbara Viviani and James R. Curreri, jointly and severally, Respondents-Appellees. Matter of JOHN VIVIANE & SON, INC., Bankrupt.

United States Court of Appeals Second Circuit.

Decided July 25, 1958.

Attorney(s) appearing for the Case

I. Arnold Ross, New York City, for appellants.

James R. Curreri, New York City, for appellees.

Before HINCKS, LUMBARD, and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

This is an appeal by a trustee and his attorney from an order denying them compensation for expenses incurred and work performed during the course of a reopened bankruptcy proceeding, which proceeding was subsequently ordered dismissed by this court because sufficient basis for reopening had not been shown. Saper v. Viviani, 2 Cir., 1955, 226 F.2d 608. The district court's denial of compensation was based...

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