EMPLOYERS' LIABILITY ASSUR. CORP. v. ASTORIA MAHOGANY CO.

No. 319.

6 F.2d 945 (1925)

EMPLOYERS' LIABILITY ASSUR. CORPORATION, Limited, v. ASTORIA MAHOGANY CO., Inc. Appeal of UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 11, 1925.


Attorney(s) appearing for the Case

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y., John G. Sargent, Atty. Gen., Harlan F. Stone, former Atty. Gen., and Jerome Michael, Paul Shipman Andrews, John Vance Hewitt, Alfred N. Heuston, and Henry Gale, Sp. Asst. Attys. Gen., for the United States.

Shearman & Sterling, of New York City (John A. Garver, Chauncey B. Garver, and James A. Stevenson, Jr., all of New York City, of counsel), for appellees.

Before ROGERS, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge.

The suit arose upon the usual creditors' bill, filed by a simple creditor upon behalf of itself and all others, alleging that, though the defendant company was not insolvent, its assets were exposed to waste through a multiplicity of actions by its creditors. It prayed the appointment of receivers to take over the assets and distribute them ratably among all those entitled. The defendant filed an answer to the bill, consenting to the relief prayed...

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