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MARINE MIDLAND TRUST CO. OF N. Y. v. EYBRO CORPORATION

58 F.2d 165 (1932)

MARINE MIDLAND TRUST CO. OF NEW YORK v. EYBRO CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 5, 1932.

Attorney(s) appearing for the Case

Cook, Nathan & Lehman, of New York City (Ben Herzberg, of New York City, and Thomas Epstein, of Brooklyn, N. Y., of counsel), for appellee Marine Midland Trust Company of New York, for the motion.

Garey & Garey, of New York City (Earl J. Garey and William Helfer, both of New York City, of counsel), for appellant Eybro Corporation, opposed.

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

AUGUSTUS N. HAND, Circuit Judge.

This is a motion to dismiss the appeal of Eybro Corporation from an order granted February 4, 1932, refusing to dissolve an injunction granted April 14, 1931.

On July 2, 1930, the Marine Midland Trust Company loaned $200,000 to Broomhall, Killough & Co. under a day-loan agreement and received certain securities from the latter company as collateral security for the loan. The next day Broomhall, Killough & Co. filed...

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