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CUNNINGHAM v. SIZER STEEL CORPORATION

No. 487.

1 F.2d 337 (1924)

CUNNINGHAM v. SIZER STEEL CORPORATION. FIDELITY TRUST CO. OF BUFFALO v. SAME.

District Court, W. D. New York.

February 26, 1924.

Attorney(s) appearing for the Case

Locke, Babcock, Spratt & Hollister, of Buffalo, N. Y. (H. W. Huntington, of Buffalo, N. Y., of counsel), for Fidelity Trust Co.

Killeen, Sweeney & Kelly, of Buffalo, N. Y. (Henry W. Killeen and John A. Kelly, both of Buffalo, N. Y., of counsel), for Unsecured Creditors.

Saperston, McNaughtan & Saperston, of Buffalo, N. Y. (Alfred M. Saperston, of Buffalo, N. Y., of counsel), for Unsecured Creditors' Committee.

HAZEL, District Judge.

The confirmation of the special master's report is opposed by the creditors' committee, on the ground that certain after-acquired property necessary in the conduct of the business was not included in the intendment of the trust mortgage; that the clause therein relating to property not in existence is void as to the general creditors; and tools, fixtures, machinery, accessories, and adjuncts contained in the plant, which cannot be identified...

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