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IN RE PUBLIX ENTERPRISES

7 F.Supp. 722 (1934)

In re PUBLIX ENTERPRISES, Inc.

District Court, S. D. New York.

July 12, 1934.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, of New York City (Albert C. Bickford, of New York City, of counsel), for petitioners.

Winthrop, Stimson, Putnam & Roberts, of New York City (Hamilton Hadley and Allison Choate, both of New York City, of counsel), for Irving Trust Co.

WOOLSEY, District Judge.

These two petitions are in all respects denied.

I. In order to open the default it should appear: (1) That there was an excuse for the default; and (2) that there are merits which, if the default is opened, should be the subject of judicial scrutiny.

II. The facts are that the referee's orders on his decision were served May 1, 1934, on petitioners' attorneys. Under bankruptcy rule 14 of this district a petition to review the...

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