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IN RE GIL-BERN INDUSTRIES, INC.

No. 75-1324.

526 F.2d 627 (1975)

In re GIL-BERN INDUSTRIES, INC., et al., Debtors. Appeal of EQUIPMENT MART OF NEW YORK # 2, INC.

United States Court of Appeals, First Circuit.

Decided December 4, 1975.

Attorney(s) appearing for the Case

Richard S. Daniels, Jr., Boston, Mass., for appellant.

Thomas J. Raftery, Boston, Mass., with whom Robert M. Gargill and Choate, Hall & Stewart, Boston, Mass., were on brief, for appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

This appeal from an order confirming a sale of tangible personal property by a bankruptcy receiver to appellant pursuant to its bid of $452,888, posits the claim that appellant should have been allowed to acquire the property for $438,000, its prior bid. The facts upon which this somewhat unusual contention is based are these.

On May 8, 1974 the bankruptcy judge issued a notice to the effect that certain

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