Honour B. Gelson v. Lucien Nemser

CLARK, Chief Judge.

Petitioner-appellant contests the accuracy of the district court’s interpretation of our mandate on a prior appeal in this case. Gelson v. Rudin, 2 Cir., 200 F.2d 31. In there reversing in her favor, we held that, apart from the possible effect of incorporation of a stipulation by the parties to pay costs in the consent dismissal of appellant’s bankruptcy proceedings, only the objecting creditor was entitled to recover his expenses. On the remand, respondent-appellee, as attorney for the objecting creditor, was awarded $170.65, minus $25 for appellant’s costs on the appeal.…