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IN RE J. L. N. DISTRIBUTORS, INC.

No. 387, Docket 28562.

330 F.2d 815 (1964)

In the Matter of J. L. N. DISTRIBUTORS, INC., Bankrupt. James Talcott, Inc., Appellant, T. Cohn, Inc., Appellee.

United States Court of Appeals Second Circuit.

Decided April 22, 1964.

Attorney(s) appearing for the Case

Julius J. Abeson, New York City, (Harry A. Margolis, Hahn, Hessen, Margolis & Ryan, New York City, on the brief), for appellant.

S. A. Hauptman, Brooklyn, N. Y. (Louis P. Rosenberg, Brooklyn, N. Y., on the brief), for appellee.

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

LUMBARD, Chief Judge.

James Talcott, Inc. appeals from an order of the Eastern District of New York which reversed the order of a referee in bankruptcy and which declared elected a trustee in bankruptcy to serve instead of the trustee whom the referee had declared elected. Inasmuch as the factual basis upon which the district court and the referee acted is unclear, we remand the case to the district court for further proceedings.

On April 5, 1963, J. L. N...

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