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PLYMOUTH COUNTY TRUST CO. v. MACDONALD

No. 2541.

60 F.2d 94 (1932)

PLYMOUTH COUNTY TRUST CO. v. MACDONALD.

Circuit Court of Appeals, First Circuit.

June 27, 1932.

Attorney(s) appearing for the Case

Joseph B. Jacobs, of Boston, Mass. (Herbert C. Thorndike, of Brockton, Mass., and Jacobs & Jacobs, of Boston, Mass., on the brief), for appellant.

Robert A. B. Cook, of Boston, Mass. (Walter J. MacDonald, of Brockton, Mass., and J. B. Rintels, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, WILSON, and MORRIS, Circuit Judges.

WILSON, Circuit Judge.

The Supreme Court in this case in an opinion delivered May 16, 1932 (52 S.Ct. 505, 76 L. Ed. ___), having held that a referee in bankruptcy, even though having no jurisdiction in a proceeding to recover funds belonging to the bankrupt while in the hands of a third party, either in a plenary suit or in summary proceedings, may, with the consent of the adverse party, determine on petition the right of a trustee in bankruptcy to such funds, it...

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