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IN RE JERCYN DRESS SHOP

No. 488, Docket 74-2142.

516 F.2d 864 (1975)

In the Matter of JERCYN DRESS SHOP, a Partnership. Jack A. SCHERER and Eva Scherer, as general partners, jointly, Appellees, v. LESLIE FAY SALES, a Division of Leslie Fay, Inc., et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided May 20, 1975.

Attorney(s) appearing for the Case

Robert P. Herzog, New York City, on the brief, for appellants.

Hauptman & Hauptman, Brooklyn, N. Y., on the brief, for appellee Jack A. Scherer.

Nathan B. Fogelson, New York City, on the brief, for appellee Eva Scherer.

Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

Leslie Fay Sales, a division of Leslie Fay, Inc., Falchick Dress Co., Inc., and Campus Juniors, Inc., three creditors of Jercyn Dress Shop (Jercyn), a partnership, appeal from the district court's decision and order affirming the bankruptcy court's dismissal of appellants' involuntary petition in bankruptcy to the extent that it was addressed against Jercyn's partners, Jack A. Scherer and Eva Scherer, husband and wife, as opposed...

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