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IN RE NEWMAN

No. 314.

17 F.2d 584 (1927)

In re NEWMAN. Ex parte COFFEY et al.

Circuit Court of Appeals, Second Circuit.

February 15, 1927.

Attorney(s) appearing for the Case

Charles H. Tuttle, of New York City (Irving L. Ernst, of New York City, of counsel), for receiver.

John T. Fenlon, of New York City, for Newman.

Saul S. Myers, of New York City, for Arctic Circle Corporation.

Before HOUGH, HAND, and MACK, Circuit Judges.

PER CURIAM.

The motion cannot depend upon section 11 of the Bankruptcy Act (Comp. St. § 9595), as Newman does not ask protection against the suit. It must depend upon the right of the bankruptcy court to protect assets in its custody. As the state suit was commenced after petition filed and receiver appointed, any property of Newman was at that time already in the custody of the bankruptcy court. We do not find it necessary to say whether a decree in the state...

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