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HAMMOND v. CARTHAGE SULPHITE PULP & PAPER CO.

No. 363.

8 F.2d 35 (1925)

HAMMOND et al. v. CARTHAGE SULPHITE PULP & PAPER CO. UNITED STATES MORTGAGE & TRUST CO. v. CARTHAGE SULPHITE PULP & PAPER CO. et al.

Circuit Court of Appeals, Second Circuit.

May 21, 1925.

Attorney(s) appearing for the Case

George E. O'Connor and Thomas O'Connor, both of Waterford, N. Y., for unsecured creditors and Union Iron Works.

Patterson, Eagle, Greenough & Day, of New York City (J. Frederick Eagle and Carroll G. Walter, both of New York City, of counsel), for United States Mortgage, etc., Co.

Francis E. Cullen, of Watertown, N. Y., for C. E. Norris, receiver.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

The matters at bar are not very closely related logically, so we shall take them up in separate statements of opinion.

1. As to the alleged invalidity in toto of the defendants' mortgage, we think the decision below correct. There is no contention that its from is unusual or that filing was not attended to. Argument is (a) the above-quoted provisions of the mortgage, allowing Carthage Company to sell...

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