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IN RE PIGOTT

Nos. 81-2044, 81-2045.

684 F.2d 239 (1982)

In re PIGOTT, James P., t/d/b/a James P. Pigott Building Materials. Appeal of CONESTOGA CERAMIC TILE DISTRIBUTORS, INC.

United States Court of Appeals, Third Circuit.

Decided March 23, 1982.

Attorney(s) appearing for the Case

Jacques H. Geisenberger, Jr. (argued), Geisenberger, Zimmerman, Pfannebecker & Atlee, Lancaster, Pa., for appellant.

Richard A. Umbenhauer (argued), Weglarz, Tryon & Friedman, Lancaster, Pa., for Landis & Co., appellee in 81-2044.

Walter T. Grabowski (argued), Asst. Counsel, Com. of Pennsylvania, Dept. of Revenue, Pittsburgh, Pa., for Com. of Pennsylvania, Dept. of Revenue, appellee in 81-2045.

Frances H. Del Duca, Faller & Del Duca, Carlisle, Pa., for James P. Pigott.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and ACKERMAN, District Judge.

OPINION OF THE COURT

HAROLD A. ACKERMAN, District Judge:

This appeal raises the issue of whether a bankruptcy judge has the equitable power to allow proofs of claim filed by creditors after expiration of the statutory six month period for filing such proofs set out in Section 57(n) of the Bankruptcy Act, 11 U.S.C. § 93(n). The bankruptcy judge permitted two creditors to file untimely proofs of claim over the...

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