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IN RE BERMAN & CO.

No. 17175.

378 F.2d 252 (1967)

In the Matter of BERMAN & CO., Inc., d/b/a National Credit Clothing Co., Bankrupt. Sheldon D. BERMAN and J. Eugene Farber, Appellants, v. NATIONAL FINANCE COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

June 6, 1967.

Attorney(s) appearing for the Case

J. Eugene Farber, Toledo, Ohio, for appellants, Farber, Cochrane, Green & Shibley, Toledo, Ohio, on the brief.

Edward L. Kevern, Toledo, Ohio, for appellee.

Before O'SULLIVAN, Circuit Judge, and WILBUR K. MILLER and CECIL, Senior Circuit Judges.

WILBUR K. MILLER, Senior Circuit Judge.

Berman & Co., Inc. was adjudicated a bankrupt in August, 1961, in the United States District Court for the Northern District of Ohio, Western Division. On January 25, 1962, the appellant, Sheldon D. Berman, filed a proof of claim as a creditor of the bankrupt in the amount of $18,588.11.

On August 11, 1965, the National Finance Company filed with the referee a written request "for permission to attach the dividend...

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