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IN RE PACAT FINANCE CORPORATION

No. 248.

27 F.2d 810 (1928)

In re PACAT FINANCE CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

August 20, 1928.

Attorney(s) appearing for the Case

Edmund L. Mooney, of New York City (Wilber W. Chambers, of New York City, of counsel), for claimant.

Francis L. Kohlman, of New York City (Sydney Krause, of New York City, of counsel), for trustee in bankruptcy.

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

SWAN, Circuit Judge.

The claimant, hereinafter referred to as Berardini, contends that the trustee in bankruptcy of Pacat Finance Corporation hereinafter referred to as Pacat, came into possession of 750,000 lire, which belonged to Berardini. He seeks to establish his right upon the theory of (1) an express trust in specific lire, by reason of an appropriation of them for him by Pacat prior to bankruptcy; or (2) a constructive trust by reason of tracing his own dollars...

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