IN RE ARBYCRAFT CO.

No. 13370.

288 F.2d 553 (1961)

In the Matter of the ARBYCRAFT CO., Debtor. Appeal of Bornot DEHON, Creditor.

United States Court of Appeals Third Circuit.

Decided March 27, 1961.


Attorney(s) appearing for the Case

Reuben Singer, Philadelphia, Pa., (Meade & Singer, John R. Meade, William J. Campbell, Philadelphia, Pa., on the brief), for appellant.

Nathan Lavine, Philadelphia, Pa., (Adelman & Lavine, Melvin Lashner, Philadelphia, Pa., on the brief), for Debtor.

M. E. Maurer, Philadelphia, Pa., for Receiver.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


KALODNER, Circuit Judge.

This is an appeal from the reversal by the District Court of the Order of the Referee in Bankruptcy allowing as an administration expense of the Receivers a bill for repairs to a boiler on the premises leased to the debtor, and occupied by it at the time during the pendency of a Chapter XI, 11 U.S.C.A. § 701 et seq., proceeding.

The Referee, in his Opinion, based his disposition on his conclusion of law that the tenant was liable...

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