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JOHN MURTLAND, INC. v. EMPIRE TRUST CO.

Nos. 4178, 4186-4189, 4195-4198.

39 F.2d 341 (1930)

JOHN MURTLAND, INC., et al., v. EMPIRE TRUST CO.

Circuit Court of Appeals, Third Circuit.

February 21, 1930.

Attorney(s) appearing for the Case

Lee F. Washington, of Atlantic City, N. J., for appellant John Murtland, Inc.

John B. Slack, of Atlantic City, N. J., for appellant R. S. Newbold & Son Co.

Cole & Cole and Clarence L. Cole, all of Atlantic City, N. J., for appellants Somers Lumber Co., and others.

Edward C. Waddington and Waddington & Mathews, all of Camden, N. J., for appellants Robbins Mfg. Co. and others.

McCarter & English, of Newark, N. J. (Conover English, of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, Circuit Judge, and THOMSON and AVIS, District Judges.

AVIS, District Judge.

This suit involves a foreclosure proceeding commenced in the United States District Court for the District of New Jersey to foreclose a second mortgage held by Empire Trust Company, trustee, against President Apartment Hotel Company, and covering certain land in Atlantic City in the District of New Jersey.

The President Apartment Hotel Company, the owner of the land, desiring to construct a hotel building thereon, arranged for a second...

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