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IN RE DESIGNAIRE MODULAR HOME CORPORATION

No. 74-1928.

517 F.2d 1015 (1975)

In re DESIGNAIRE MODULAR HOME CORPORATION. Appeal of LEVI, MANDEL AND MILLER (now Jenkins, Miller & Jenkins, P.C.).

United States Court of Appeals, Third Circuit.

Decided June 5, 1975.

As Amended July 16, 1975.

Attorney(s) appearing for the Case

Mitchell W. Miller, Jenkins, Miller & Jenkins, P.C., Philadelphia, Pa., for appellants.

Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Crombie J. D. Garrett, Karl Schmeidler, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellee; Robert E. J. Curran, U. S. Atty., of counsel.

Before ALDISERT, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This appeal, from a district court order entered upon a petition for review of a decision of a bankruptcy judge, brings before us the question whether the bankruptcy court may award an attorneys fee out of the bankrupt's estate to an attorney representing a debtor out of possession in an unsuccessful proceeding for an arrangement under Chapter XI. In reliance on In re Hydrocarbon Chemicals, Inc.,

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