Opinion
No. 26948.
February 2, 1970.
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.
Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge, and MEHRTENS, District Judge.
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 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.