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MOSAIC TILE COMPANY v. STABE CORPORATION

No. 22, Docket 28199.

323 F.2d 274 (1963)

The MOSAIC TILE COMPANY, Petitioning Creditor-Appellant, v. The STABE CORPORATION, Bankrupt-Appellee.

United States Court of Appeals Second Circuit.

Decided October 4, 1963.

Attorney(s) appearing for the Case

Ronald M. Schwartz, Stamford, Conn. (Gerald J. Sullivan and Macrides, Zezima & Schwartz, Stamford, Conn., on the brief), for appellant.

William M. Sherman, Stamford, Conn. (Joseph K. Sherman, and Sherman & Sherman, Stamford, Conn., on the brief), for appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

We affirm in open court the order of the District Court dismissing the petition to vacate the adjudication of The Stabe Corporation as a bankrupt. Though The Stabe Corporation forfeited its corporate existence for failure to file annual reports with the Connecticut Secretary of State, under G.S.Conn., Sec. 33-21 (Rev. 1958), it continued in existence "* * * so far as may be necessary to enable it to prosecute and defend suits by or against it, close up...

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