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IN RE HYDROCARBON CHEMICALS, INC.

Nos. 16787, 16788.

411 F.2d 203 (1969)

In the Matter of HYDROCARBON CHEMICALS, INC. and Its Subsidiaries Berkeley Shore Estates, Hyspec Container Corporation, Burlington Development Company, Inc., Hydrocarbon Realty Development Co., Inc., Lanoka Investment Corp., Lanoke Harbor Land Company, Inc., All New Jersey Corporations, Debtors. Leo Neiwirth, Esquire, Appellant in No. 16787, Samuel S. Starr, Esquire, Meyer Weinberg, Esquire, and Edwin Fradkin, Esquire, Appellants in No. 16788.

United States Court of Appeals Third Circuit.

Reargued November 26, 1968.

Decided March 13, 1969.

Attorney(s) appearing for the Case

Max L. Rosenstein, Newark, N. J., for appellant in No. 16787.

Kenneth R. Stein, Stein & Stein, Newark, N. J., for appellee.

Janet G. Gamer, Securities and Exchange Commission, Washington, D. C. (David Ferber, Sol., Richard V. Bandler, Associate Regional Administrator, New York Regional Office, Securities and Exchange Commission, on the brief), for Securities and Exchange Commission.

Michael R. Griffinger, Crummy, Gibbons & O'Neill, Newark, N. J., for appellee-trustee in both cases (Clemence).

Before HASTIE, Chief Judge, and KALODNER, GANEY, FREEDMAN, SEITZ, VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

GANEY, Circuit Judge.

The appellants here are claiming compensation for services allegedly beneficial to the bankrupt estate rendered as attorneys for the debtor. Robert Friedlander who, for reasons not relevant here, was denied all compensation in connection with the proceedings, filed a petition under Chapter XI and, as counsel for the debtor, employed Leo Neiwirth, Samuel S. Starr, Meyer Weinberg and Edwin Fradkin as his counsel in...

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