Legal Opinion · Dissent

Halpert v. Engine Air Service, Inc.

Court of Appeals for the Second Circuit

Decided May 26, 1954No. 154, Docket 22931Published

1DissentFrank, Circuit Judge

I think the district court erred in not requiring a bond pursuant to F.R.C.P. 65(c) and General Order in Bankruptcy No. 37, 11 U.S.C.A. following section 53. The Seventh Circuit has recently so held in a case which, as my colleagues say (in their note 2), is in direct conflict with their decision. See Chatz v. Freeman, 7 Cir., 204 F.2d 764. The opinion of that court so adequately states my views that it will serve no purpose for me to report them.' It satisfactorily distinguishes In re Barrett, D.C., 132 F. 362, cited by my colleagues. It cites and quotes from 4 Collier, Bankruptcy (14th ed.)…

2Cases cited7 opinions

  1. Steelman v. All Continent Corp.Supreme Court of the United States · 1937
  2. Magidson v. DugganCourt of Appeals for the Eighth Circuit · 1950
  3. Chatz v. FreemanCourt of Appeals for the Seventh Circuit · 1953
  4. In Re Lustron Corp. La Fayette Steel Co. v. Lustron CorpCourt of Appeals for the Seventh Circuit · 1950
  5. Sproul v. GamboneDistrict Court, W.D. Pennsylvania · 1940

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