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IN RE FOSTER CONST. CORPORATION

49 F.2d 213 (1931)

In re FOSTER CONST. CORPORATION. POPKIN v. D. GINSBERG & SONS, Inc.

Circuit Court of Appeals, Second Circuit.

April 20, 1931.

Attorney(s) appearing for the Case

Louis Jersawit, of New York City, for appellant.

Leo J. Linder, of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

D. Ginsberg & Sons, Inc., a creditor of the bankrupt corporation procured from the District Court an order, erroneously called a "ne exeat," forbidding Popkin, the president of the corporation, to leave the jurisdiction; this for the purpose of securing his attendance in the bankruptcy proceedings. Popkin moved to vacate the order ("quash the writ"), and the District Court denied the motion by order entered February 21, 1931. On March 21, 1931, within...

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