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E. C. HORN SONS v. HOFFMAN

No. 3746.

24 F.2d 162 (1928)

E. C. HORN SONS v. HOFFMAN et al.

Circuit Court of Appeals, Third Circuit.

February 21, 1928.

Attorney(s) appearing for the Case

John L. Ketchem, of New York City, and Fred B. Gernerd, of Allentown, Pa., for appellant.

Geo. W. Coles, U. S. Atty., Mark Thatcher, Asst. U. S. Atty., and Claude O. Lanciano, all of Philadelphia, Pa., for the United States.

Percival H. Granger, of Philadelphia, Pa., Howard A. Lehman, of Bethlehem, Pa., and Reber, Granger & Montgomery, of Philadelphia, Pa., for appellee receiver.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The District Court, in its decree appointing a receiver for Kurtz Brothers, co-partners, conformably with Pennsylvania law, issued the usual injunction against any one instituting suits or further prosecuting suits already brought against the defendants except on its further order. A suit which E. C. Horns Sons had previously instituted against them in the Court of Common Pleas of Lehigh County, Pennsylvania, was stayed by that injunctive order...

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