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McGUIGAN v. DIME BANK TITLE & TRUST CO.

No. 2502.

47 F.2d 760 (1931)

McGUIGAN v. DIME BANK TITLE & TRUST CO. In re WHITENIGHT'S, Inc.

District Court, M. D. Pennsylvania.

March 9, 1931.

Attorney(s) appearing for the Case

Robert J. Doran, of Wilkes Barre, Pa., and John H. Bigelow, of Hazleton, Pa., for plaintiff.

Knapp, O'Malley, Hill & Harris, of Scranton, Pa., and John R. Hessel, of Wilkes Barre, Pa., for defendant.

WATSON, District Judge.

This is a suit in assumpsit. The plaintiff has filed a statement of claim, the defendant has filed an affidavit of defense, and, without answering the averments of fact in the statement of claim, has raised questions of law, which questions of law so raised have been heard, and the matter is now before the court for disposition.

The suit is by the plaintiff as trustee in bankruptcy of Whitenight's, Inc., and is brought to recover the...

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