IN RE CONTEMPORARY APPAREL, INC.

No. 73-1256.

488 F.2d 794 (1973)

In the Matter of CONTEMPORARY APPAREL, INC., Debtor. Frank O'CONNELL, Substituted Receiver of Contemporary Apparel, Inc. and the Petitioner in Contempt Proceedings Certified to the Court by a Referee, Appellant, v. Zelman SCHECK, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 4, 1973.


Attorney(s) appearing for the Case

M. E. Maurer, Philadelphia, Pa., for appellant; Leon S. Forman, Wexler, Weisman, Maurer & Forman, Philadelphia, Pa., of counsel.

Robert Howard, New York City, for appellee.

Before HASTIE, VAN DUSEN and ADAMS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

The question here is whether, in a contempt proceeding arising from the failure to comply with a referee's turnover order, a district court may allow a purchaser of goods from a receiver a credit for counsel fees incurred in attempting to resolve difficulties relating to the handling of a check not conforming to the receiver's requirements.

Contemporary Apparel, the debtor, filed on April 29, 1970, a petition...

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