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H. J. CONRATH v. STAHL BROTHERS AMUSEMENT COMPANY

No. 3304.

8 F.2d 1018 (1925)

H. J. CONRATH, Doing Business as H. J. Conrath Company, Appellant, v. STAHL BROTHERS AMUSEMENT COMPANY, Bankrupt, and Edward Buckholz, Trustee under Mortgage, et al., Appellees.

Circuit Court of Appeals, Third Circuit.

December 10, 1925.

Attorney(s) appearing for the Case

Chauncey E. Brockway, of Sharon, Pa., and Henry C. Baur, of Erie, Pa., for appellant.

T. C. Cochran, of Mercer, Pa., Davis, Fruit & Anderson, of Sharon, Pa., and Q. A. Gordon, of Mercer, Pa., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

By order of the court below the real estate of the Stahl Brothers Amusement Company, the bankrupt, was sold free and divested of liens. After payment of costs, etc., the residue of the proceeds thereof, some $28,000, was claimed by a mortgage thereon of $50,000 given by the bankrupt to the McDowell Bank. It was also claimed on a mechanic's lien by Conrath, a contractor, who had erected for the bankrupt the building thereon, and whose lien...

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