SHONGUT v. GOLDEN

No. 233, Docket 25357.

270 F.2d 238 (1959)

Richard SHONGUT, Jacob Shongut, Inc. and Mitchell Mogal, Appellants, v. Jules GOLDEN, Trustee-Respondent.

United States Court of Appeals Second Circuit.

Decided September 9, 1959.


Attorney(s) appearing for the Case

Abraham J. Goldberg, New York City, for Richard Shongut and Jacob Shongut, Inc., appellants.

Solomon Nachbar, New York City, for Mitchell Mogal, appellant.

George Pollack, New York City (Milton M. Eisenberg, Brooklyn, N. Y., on the brief), for trustee-respondent.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.


HINCKS, Circuit Judge.

The only question raised by this appeal is whether the referee in bankruptcy, whose order was confirmed without opinion by the court below, was correct in denying petitions for allowances for costs and expenses filed by three creditors under Section 64, sub. a (3) of the Bankruptcy Act, 11 U.S.C.A. § 104, sub. a(3). The facts are not in dispute and may be briefly stated.

On December 14, 1955, 116th Street Pawnbrokers, Inc., filed...

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