In re Sullivan, 1940 U.S. Dist. LEXIS 2034 (S.D.N.Y. 1940). · Go Syfert
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In re Sullivan, 1940 U.S. Dist. LEXIS 2034 (S.D.N.Y. 1940). Cases Citing This Book View Copy Cite
35 citation events (5 in the last 25 years) across 20 distinct courts.
Strongest positive: Pizani v. St. Bernard Parish (lactapp, 2013-09-26)
Treatment trajectory · 1942 → 2026 · click a year to view as-of
1942 1984 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (rule) Pizani v. St. Bernard Parish (3×) also: Cited "see"
La. Ct. App. · 2013 · confidence medium
Jeub, 2 F.R.D. at 240.
cited Cited as authority (rule) Connors v. Suburban
D.N.H. · 1996 · confidence medium
Okla. 1980); Jeub v. B/G Foods, Inc., 2 F.R.D. 238, 241 (D.
discussed Cited as authority (rule) Riblet Tramway Co. v. Marathon Electronics-Avtek Drive Division (2×)
Vt. · 1993 · confidence medium
Jeub v. B/G Foods, Inc., 2 F.R.D. 238, 240 (D.
Retrieving the full opinion text from the archive…
In re SULLIVAN
District Court, S.D. New York.
Aug 1, 1940.
1940 U.S. Dist. LEXIS 2034
Newman & Bisco, of New York City (Nathan Waxman, of New York City, of counsel), for Conlew, Inc., creditor-appellant., Robert H. Spelman, of New York City, for bankrupt.
Clancy.
Published
CLANCY, District Judge.

This motion must be denied. Under Rule 75(h) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the District Court has the power to settle the record on appeal only when a difference arises between the parties with respect to what occurred in the District Court, so that, the record may conform to the truth. Plere the entire file was before me and was considered on the motion, the decision of which this creditor seeks to appeal. I, therefore, lack the power to exclude from the record any of the papers which bankrupt thinks should properly be in it. See Westmoreland Asbestos Co., Inc., v. Johns-Manville Corporation, D. C.S.D.N.Y., 1 F.R.D. 249. If such papers are in fact unnecessary, Rule 75(e) of the Federal Rules of Civil Procedure contemplates remedial action by the Circuit Court of Appeals.

Submit order.