IN RE JAMES BUTLER GROCERY CO.

No. 127.

100 F.2d 376 (1938)

In re JAMES BUTLER GROCERY CO.

Circuit Court of Appeals, Second Circuit.

December 12, 1938.


Attorney(s) appearing for the Case

Nathan Schwartz, of New York City, for appellant.

Rabenold, Scribner & Miller, of New York City (Charles E. Scribner, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge.

On March 19, 1935, James Butler Grocery Company filed a petition for reorganization under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207, and in April, 1936 an order was entered in said proceeding confirming a plan of reorganization. During this period the debtor was authorized to remain in possession of its assets and to continue its business. In the course of such business it incurred indebtedness for goods purchased from Albert Paper...

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