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WHAN v. GREEN STAR S. S. CORPORATION

No. 146.

38 F.2d 68 (1930)

WHAN et al. v. GREEN STAR S. S. CORPORATION. In re CONTINENTAL INS. CO. et al.

Circuit Court of Appeals, Second Circuit.

February 3, 1930.

Attorney(s) appearing for the Case

M. E. Harby, of New York City, for appellants.

Bigham, Englar & Jones, of New York City (Charles F. Quantrell, D. Roger Englar and P. J. Kooiman, all of New York City, of counsel), for Green Star Steamship Corporation.

Chadbourne, Hunt, Jaeckel & Brown, of New York City (William M. Chadbourne, of New York City, of counsel), for receiver.

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

PER CURIAM.

With the appellants' general assertion that the principle of comity requires a federal court, whose receiver has possession of documents, to facilitate in every proper manner the production of evidence required for litigation pending in a state court, we are in thorough accord. See Dier v. Banton, 262 U.S. 147, 151, 43 S.Ct. 533, 67 L. Ed. 915. The existence of a federal receivership should not be allowed to hamper litigants...

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