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MATTERS v. MANUFACTURERS' TRUST CO.

No. 55.

54 F.2d 1010 (1931)

MATTERS v. MANUFACTURERS' TRUST CO. et al.

Circuit Court of Appeals, Second Circuit.

On Rehearing January 4, 1932.

Attorney(s) appearing for the Case

Shaine & Weinrib, Schechter & Lotsch, and Edward B. Levy, all of New York City (Edward C. Weinrib, of New York City, of counsel; George C. Levin, of New York City, on the brief), for Thomas H. Matters.

Jonas & Neuburger, of New York City (Murray L. Jacobs and Leonard G. Bisco, both of New York City, of counsel), for Manufacturers' Trust Co.

Carl J. Austrian, of New York City (Warren C. Fielding and Ralph A. Newman, both of New York City, of counsel), for Municipal Bank and Trust Co.

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

L. HAND, Circuit Judge.

The R. B. Rose Co., Inc., was a retail seller of radio machines; it was organized in September, 1924, and expanded quickly, but by the autumn of 1927 its fortunes started to wane, due to a change in the market, which began to demand radios that could be used with ordinary domestic current, instead of being equipped with a battery. The company dealt in the old machines, and in October its sales fell...

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