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FELICE PERRELLI CANNING CO. v. CERTIFIED FOOD STORES

No. 2678.

15 F.2d 891 (1926)

FELICE PERRELLI CANNING CO., Inc., et al. v. CERTIFIED FOOD STORES, Inc.

District Court, E. D. New York.

September 11, 1926.

Attorney(s) appearing for the Case

Graham, McMahon, Buell & Knox, of New York City (Edward Ward McMahon, of New York City, and Albert Conway, of Brooklyn, N. Y., of counsel), for complainants.

Boskey, Schiller, Marvin & Serling and Jonas & Neuberger, all of New York City (Ira A. Schiller and Louis Posner, both of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is an application made by the complainants herein for a receiver of the property and assets of the defendant.

This is an action in equity, brought by the complainants, claiming that the defendant is indebted to Felice Perrelli Canning Company, Inc., in the sum of $25,000 for breach of contract. The complainants herein are alleged to be simple contract creditors. This court cannot appoint a receiver in an equity action brought...

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