U.S. Court of Appeals for the Fifth Circuit, 1970

In the Matter of Adams Engineering Co., Inc., Bankrupt. The Mastan Company, Incorporated v. J. A. Sweeny and Eugene J. Lux, Trustees in Reorganization

U.S. Court of Appeals for the Fifth Circuit · Decided February 2, 1970 · Brown, Dyer, Mehrtens

422 F.2d 1; 1970 U.S. App. LEXIS 10921 (Federal Reporter, Second Series)

Counsel

Richard P. Kenney, Williams, Salomon & Kenney, Miami, Fla., Krause, Hirsch & Gross, New York City, for appellant., Irving Hartman, John H. Gunn, Gunn & Venney, Ralph M. Cooper, Irving M. Wolff, William A. Meadows, Jr., U. S. Atty., Lavinia Redd, Asst. U. S. Atty., Miami, Fla., for appellees.

Cases that cite this one

2 later published cases cite this decision.

Jackson v. Hartford Accident and Indemnity Company (Mo. 1972)
Pitman Manufacturing Co. v. Centropolis Transfer Co. (Mo. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

In the circumstances revealed in this record, the District Judge was warranted in concluding that the so-called interim allowances for fees to the Chapter X trustees and counsel were intended as *2 final payment for services performed up to the dates prescribed. As to them, none constituted “unpaid costs and expenses” under § 64(a) (1). The Court’s action in refusing to require a partial refund was quite acceptable.

Affirmed.

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