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IN RE MARCUS

No. 11456.

32 F.2d 719 (1929)

In re MARCUS et al.

District Court, W. D. Pennsylvania.

March 20, 1929.

Attorney(s) appearing for the Case

Carl F. Scharpf, of Pittsburgh, Pa., for exceptant.

Thos. M. Benner, Calvert, Thompson & Berger, and John T. Duff, Jr., all of Pittsburgh, Pa., for trustee.

McVICAR, District Judge.

The referee, Watson B. Adair, made an order December 26, 1928, authorizing the public sale of certain real estate divested of all liens and incumbrances, and naming especially any lien in favor of Albert Weiner. Exceptions to the report of the referee and the order aforesaid were filed by Albert Weiner, and the referee certified the following question to this court:

"Should an order be made nullifying as against the Pennsylvania Trust...

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