IN RE NIMZ TRANSPORTATION, INC.

No. 73-2099.

505 F.2d 177 (1974)

In the Matter of NIMZ TRANSPORTATION, INC.,

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1974.


Attorney(s) appearing for the Case

Harry E. Clem, Urbana, Ill., William A. Widmer, III, Sherman M. Carmell, Chicago, Ill., for appellant.

Terrence L. Vogel, Edward Litak, Danville, Ill., for Bankrupt.

Before CASTLE, Senior Circuit Judge, and FAIRCHILD and SPRECHER, Circuit Judges.


CASTLE, Senior Circuit Judge.

Petitioner wage claimants appeal from the order of the district court disallowing their claims for unpaid wages and other benefits from the bankrupt, Nimz Transportation, Inc. The court below concluded that the proofs of claim had not been timely filed within the six month period permitted by the Bankruptcy Act, 11 U.S.C. § 93(n) (1970). We reverse.

11 U.S.C. § 93(n) provides that "[c]laims which are not filed within...

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