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IN THE MATTER OF GOLD MEDAL PACKING CORP.

No. 50, Docket 72-1528.

470 F.2d 186 (1972)

In the Matter of GOLD MEDAL PACKING CORP., Bankrupt. Jocelyn R. CANDIDO and F. Eugene Romano, Appellants, v. William A. SCHMITT, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 22, 1972.

Attorney(s) appearing for the Case

Vincent J. Rossi, Utica, N. Y. (Rossi, Cohen & Durso, Utica, N. Y., on the brief), for appellants.

Laurence F. Sovik, Syracuse, N. Y., (Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer, Syracuse, N. Y., on the brief), for appellee.

Before MOORE, HAYS and MULLIGAN, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Northern District of New York affirming a decision of the referee in bankruptcy holding that the effective date of bankruptcy was August 15, 1963, the date of the original filing of the petition. Appellants argue that the effective date of bankruptcy is September 28, 1966 when the petitioning creditors were permitted to amend their petition to cure certain alleged defects in the...

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