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IN RE FASHION SHOP

March 13, 1934

In re FASHION SHOP, Inc.


The opinion of the court was delivered by: DICKINSON

On Motion for Reargument.

A ruling in the cause was withheld awaiting paper books.

 We see no need to rediscuss the question raised. The referee very fully discussed it. This court on review was in accord with the conclusions of the referee except in one particular. The referee based his refusal of the allowance of counsel fees in part upon the fact that the refusal of the compromise resulted in no increased dividend to creditors. This, as the court viewed it, was writing into the act a condition of allowance which is not there. This fact, however it might enter into the exercise of the "discretion of the Court," is not a condition of allowance. The order of the referee was affirmed, and to this we adhere.

 The motion for reargument is denied.

19340313

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