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HAZEL ATLAS GLASS CO. v. VAN DYK & REEVES

No. 184.

8 F.2d 716 (1925)

HAZEL ATLAS GLASS CO. v. VAN DYK & REEVES, Inc. VAN DYK v. YOUNG.

Circuit Court of Appeals, Second Circuit.

May 11, 1925.

Attorney(s) appearing for the Case

Hamilton McInnes, of New York City, for appellant.

Rosenberg & Ball, of New York City (Godfrey Goldmark and Charles S. Ascher, both of New York City, of counsel), for appellee.

Before ROGERS, MANTON, and HAND, Circuit Judges.

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

A receiver was appointed for the corporation in the usual creditors' suit. In due course the receiver moved the court for an order expunging a claim filed by the appellant herein on the ground that he had no provable claim against the Van Dyk corporation — being a stockholder therein and not a creditor. This is an appeal from that order, and the sole question is whether this appellant is in law a creditor...

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