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LANE v. INDUSTRIAL COM'R OF STATE OF NEW YORK

Nos. 201, 202.

54 F.2d 338 (1931)

LANE v. INDUSTRIAL COM'R OF STATE OF NEW YORK. AUERBACH v. INDUSTRIAL COM'R OF STATE OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

December 7, 1931.

Attorney(s) appearing for the Case

John J. Bennett, Jr., Atty. Gen., and Joseph A. McLaughlin, Asst. Atty. Gen. in Charge (Isaac Frank, Dep. Asst. Atty. Gen., and H.A. Robichon, of Huntington, N.Y., of counsel), for appellant.

Rosenberg, Goldmark & Colin, of New York City (Godfrey Goldmark, of New York City, of counsel), for respondent Irving Trust Co., Trustee.

Samuel C. Duberstein, of New York City (Jacob Frummer, of Brooklyn, N.Y., of counsel), trustee and attorney for trustee.

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

MANTON, Circuit Judge.

These appeals involve substantially the same questions and will be considered and disposed of in one opinion.

The industrial commissioner of the state of New York, claiming a legal right so to do, files claims for injured employees against the estates in bankruptcy of Lane and Auerbach. Benjamin Lane employed Topal and Garguilo, both of whom, while engaged in such employment, sustained injuries for which the State Industrial Board awarded...

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