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IN RE CASCO FASHIONS, INC.

No. 71, Docket 72-1961.

490 F.2d 1197 (1973)

In the Matter of CASCO FASHIONS, INC., Bankrupt. NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, INC., Trustee, Appellant, v. BALLON, STOLL & ITZLER, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 17, 1973.

Attorney(s) appearing for the Case

Julius J. Abeson, New York City (Hahn, Hessen, Margolis & Ryan, New York City, of counsel), for appellant.

Ronald S. Itzler, New York City (Ballon, Stoll & Itzler, New York City, of counsel), for appellee.

Before WATERMAN, FRIENDLY and TIMBERS, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal from an order of the District Court for the Southern District of New York was presented to us as raising the question whether attorneys for a debtor in possession in a proceeding under Ch. XI of the Bankruptcy Act, which has been superseded by an ordinary bankruptcy proceeding pursuant to § 376, may be awarded compensation out of the estate for legal services rendered during the aborted Ch. XI proceeding. The district judge...

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