In re Ira Willner, Inc.

WOOLSEY, District Judge.

This motion is in all respects denied.

I. The decision in Re Gaynor Homes (C. C. A. 2, May 1, 1933) 65 F.(2d) 378, is apparently the inspiration of this belated motion. It was published in the New York Law Journal on September 27, 1933, and these motion papers are dated September 29, 1933.

II. This motion opens up the whole record, and I have regarded all filed papers as before me hereon. Cf. Sklarsky v. Great Atlantic & Pacific Tea Company (D. C.) 47 F.(2d) 662, 665, and cases therein cited.

III. In Re Gaynor Homes, Judge Swan says that allegations of acts of bankruptcy…