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IN RE ELOISE CURTIS, INC.

No. 282, Docket 28588.

326 F.2d 698 (1964)

In the Matter of ELOISE CURTIS, INC., Bankrupt, James Talcott, Inc., a Creditor, Appellant, James G. Foley, Trustee, Appellee.

United States Court of Appeals Second Circuit.

Decided January 23, 1964.

Attorney(s) appearing for the Case

Marks F. Paskes of Hahn, Hessen, Margolis & Ryan, New York City (Harry A. Margolis, New York City, on the brief), for appellant.

Melvin Lloyd Robbins, New York City, for appellee.

W. Randolph Montgomery of Miller, Montgomery & Spalding, New York City, for New York Credit & Financial Management Association as amicus curiae

Before CLARK, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge.

A creditor appeals from an order of the district court confirming an order of the referee in bankruptcy which disapproved the New York Credit Men's Adjustment Bureau, Inc., elected by the creditors as trustee in bankruptcy, and, without holding another creditors' election, appointed James G. Foley trustee. At the time of its selection, the Bureau (a non-profit corporation that performs fiduciary and trusteeship services in cases of business distress...

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