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MacGREGOR v. JOHNSON-COWDIN-EMMERICH, INC.

No. 253.

39 F.2d 574 (1930)

MacGREGOR v. JOHNSON-COWDIN-EMMERICH, Inc. NEW YORK TRUST CO. v. SALEMBIER et al.

Circuit Court of Appeals, Second Circuit.

March 3, 1930.

Attorney(s) appearing for the Case

White & Case, of New York City (Carlos L. Israels and Jesse E. Waid, both of New York City, of counsel), for appellant.

Hughes, Schurman & Dwight and Herkimer & Weis, all of New York City (Walter M. Weis and Ralph S. Harris, both of New York City, and Ernest L. Wilkinson, of Flushing, N. Y., of counsel), for appellees.

Before L. HAND and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

The defendant is a New York corporation, having its principal place of business in the borough of Manhattan, but owning a mill in the borough of the Bronx which was covered by a mortgage to the appellant, in trust for a group of bondholders. On April 22, 1927, the plaintiff before judgment filed a creditor's bill against it, and upon its consent the court appointed receivers. They entered upon the mill, and remained in possession until June...

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