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COMMERCIAL CASUALTY INS. CO. v. ALLIED DAIRY PRODUCTS CORP.

No. 37.

29 F.2d 489 (1928)

COMMERCIAL CASUALTY INS. CO. v. ALLIED DAIRY PRODUCTS CORPORATION et al. In re FARMER.

Circuit Court of Appeals, Second Circuit.

December 3, 1928.

Attorney(s) appearing for the Case

Goodman & Werner, of New York City (Emanuel Goodman, of New York City, of counsel), for appellant.

Arthur Leonard Ross, of New York City (William L. Gross, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The Farmer & Ochs Company held a mortgage on three trucks on which there remained unpaid $1,640. On June 17, 1927, such balance being due from Allied Dairy Products Corporation, the mortgagor, a receiver of that company was appointed by the United States District Court sitting in equity. The order appointing the receiver contained a clause forbidding any action against him to recover possession of the property covered by the receivership...

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