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McDONNELL v. BIRRELL

No. 416, Docket 28336.

321 F.2d 946 (1963)

C. E. H. McDONNELL, as Trustee in Reorganization of Equitable Plan Company, Plaintiff-Judgment Creditor-Appellee, v. Lowell M. BIRRELL, Harold J. Simon, et al., Defendants, Harold J. Simon, Defendant-Judgment Debtor-Appellant.

United States Court of Appeals Second Circuit.

Decided August 30, 1963.

Attorney(s) appearing for the Case

Robert S. Stitt, New York City (Thacher, Proffitt, Prizer, Crawley & Wood, New York City, on the brief), for plaintiff-judgment creditor-appellee.

James F. Ryan, New York City, for defendant-judgment debtor-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

LUMBARD, Chief Judge.

This appeal is taken from an order granted by Judge Palmieri in the Southern District of New York directing the appellant, Harold J. Simon, to make monthly installment payments of $500 until satisfaction in full of his liability as a judgment debtor on a judgment of that court heretofore affirmed by us, McDonnell v. Bell Container Corp., 310 F.2d 880 (1962).

The appellee urges that the order is not appealable...

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