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IN RE G. L. MILLER & CO.

No. 36.

45 F.2d 115 (1930)

In re G. L. MILLER & CO., Inc. Appeal of INDEPENDENCE INDEMNITY CO.

Circuit Court of Appeals, Second Circuit.

November 10, 1930.

Attorney(s) appearing for the Case

R. A. Mansfield Hobbs, of New York City (Samuel Lewis, of New York City, of counsel), for appellant.

Goldmark, Bennitt & Colin, of New York City (Godfrey Goldmark, of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge (after stating the facts as above).

The appellant's original petition sought reclamation of sums of money paid to the bankrupt by "mortgagors, bondholders or other persons" for specific purposes. It charged that such sums had come into the hands of the trustee in bankruptcy and were impressed with a trust to be used for the purposes specified. There were three classes of items: (1) Sums totaling $697.50 paid to the bankrupt for the purpose of paying...

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