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BERRARA v. CITY REAL ESTATE CO.

No. 160.

64 F.2d 498 (1933)

BERRARA et al. v. CITY REAL ESTATE CO. et al.

Circuit Court of Appeals, Second Circuit.

April 17, 1933.

Attorney(s) appearing for the Case

Zalkin & Cohen and Nicholas H. Pinto, all of New York City (Israel Akselrod, of New York City, of counsel), for appellants.

C. Elmer Spedick, of Brooklyn, N. Y., for appellees.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The complainants, as trustees in bankruptcy of Realty Construction Corporation, filed a bill of complaint in the United States District Court for the Eastern District of New York. The first cause of action alleged that on November 20, 1930, when the Realty Construction Corporation was insolvent and had refused to pay its obligations to its creditors in due course, it executed a bond and mortgage to the defendant City Real Estate Company...

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