in Matter of Blair & Co. v. Foley

On December 11, 1972, we reversed, with Judge Timbers dissenting, an order of the District Court for the Southern District of New York which had affirmed an order of a referee in bankruptcy adjudicating Blair & Co., Inc. (Blair) as an involuntary bankrupt on the petition of the above-named appel-lees, 471 F.2d 178. The Supreme Court granted certiorari, 411 U.S. 930, 93 S.Ct. 1901, 36 L.Ed.2d 389 (1973), and heard oral argument on November 12, 1973. The appellants in this court, who had become appellees in the Supreme Court, contended, inter alia, that the appeal no longer presented “a live…