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IN RE J. M. WELLS, INC.

Nos. 77-1456, 77-1457.

575 F.2d 329 (1978)

In re J. M. WELLS, INC., Bankrupt, Appellant. In re J. M. WELLS, INC., Bankrupt, Harold A. Leventhal, Appellant.

United States Court of Appeals, First Circuit.

Decided May 15, 1978.

Attorney(s) appearing for the Case

Roy Frank Kipp, Boston, Mass., with whom Harold A. Leventhal, Boston, Mass., was on brief, for appellants.

Henry C. Ellis, Taunton, Mass., on brief for Philip J. Assiran, appellee.

Gerald P. Tishler and Richard Mikels, Boston, Mass., with whom Joseph Braunstein, Julius Thannhauser, Cohn, Riemer & Pollack, Kenneth Korb, and Brown, Rudnick, Freed & Gesmer, Boston, Mass., were on brief, for appellees.

Before CAMPBELL, Circuit Judge, BOWNES, Circuit Judge, PETTINE, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

This case raises the question whether a bankrupt whose assets were substantially exceeded by his debts may appeal allegedly excessive attorneys' fees paid out of the estate. We answer the question in the negative, but in view of the nature of the allegations, we have nonetheless examined the fees in question.

Creditors filed an involuntary petition in bankruptcy against J. M. Wells, Inc. on February 22, 1973, and the company...

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