McCHESNEY v. SIMS

No. 299, Docket 25445.

267 F.2d 215 (1959)

Lindsley McCHESNEY and Thomas V. Kenney, Appellants, v. Charles W. SIMS, Trustee in Bankruptcy for Fred Graziane, Appellee.

United States Court of Appeals Second Circuit.

Decided May 29, 1959.


Attorney(s) appearing for the Case

McChesney & Kenney, Troy, N. Y. (Ralph D. Semerad, Troy, N. Y., of counsel, on the brief), for appellants.

Cooper, Erving & Savage, Albany, N. Y. (Prescott C. Sook, Albany, N. Y., of counsel), for appellee.

Before LUMBARD, Circuit Judge, and GALSTON and ANDERSON, District Judges.


GALSTON, District Judge.

This is an appeal from the order of the court below confirming an order of a referee in bankruptcy which found that the appellants' attorney's lien was waived and was not a valid and subsisting lien on the assets of this estate.

The facts are substantially as follows:

The appellants are lawyers who represented the bankrupt in litigation in the courts of the State of New York which was commenced prior to the date of the adjudication...

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