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IN RE OLIVIT BROS.

57 F.2d 718 (1932)

In re OLIVIT BROS., Inc.

District Court, S. D. New York.

January 7, 1932.

Attorney(s) appearing for the Case

White & Case, of New York City (A. Hayne de Yampert, of New York City, of counsel), for petitioner.

Lewis H. Saper, of New York City, for Irving Trust Co., trustee.

PATTERSON, District Judge.

The petitioner, a New York corporation, shows that it is the holder of mortgages on Florida real estate owned by the bankrupt, also a New York corporation, and that the mortgage liens exceed the value of the real estate. It asks leave to commence foreclosure proceedings in the Florida courts against the trustee in bankruptcy. The trustee, opposing the petition, claims that the mortgages are invalid because not consented to by the stockholders...

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