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MIDDLETON v. FIDELITY-PHILADELPHIA TRUST CO.

No. 4036.

35 F.2d 851 (1929)

MIDDLETON v. FIDELITY-PHILADELPHIA TRUST CO. et al.

Circuit Court of Appeals, Third Circuit.

November 7, 1929.

Attorney(s) appearing for the Case

Biddle, Paul, Dawson & Yocum, of Philadelphia, Pa. (Howard H. Yocum and J. Rodman Paul, both of Philadelphia, Pa., of counsel), for appellant.

Percy Granger, Robert T. McCracken, Geo. J. Edwards, Jr., C. Russell Phillips, Breeding, Burkhardt & Harris, and Reber, Granger & Montgomery, all of Philadelphia, Pa., for appellees.

Before WOOLLEY and DAVIS, Circuit Judges, and RELLSTAB, District Judge.

RELLSTAB, District Judge.

On March 23, 1927, Frank C. McCown, Jr., individually and trading as McCown & Co., was adjudged a bankrupt upon an involuntary petition, filed on February 28, 1927. For a number of years prior to his insolvency, he was a stock broker and a member of the Philadelphia Stock Exchange.

More than four months before the filing of this petition, he, trading as aforesaid, deposited a number of his customers' securities with J. S. Bache...

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