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KANE v. ROXY THEATRES CORPORATION

No. 279.

63 F.2d 754 (1933)

KANE v. ROXY THEATRES CORPORATION. CONTINENTAL BANK & TRUST CO. OF NEW YORK v. ROXY THEATRES CORPORATION et al. In re NEW YORK EDISON CO.

Circuit Court of Appeals, Second Circuit.

March 13, 1933.

Attorney(s) appearing for the Case

Wise, Shepard & Houghton, of New York City, for appellant trustee.

Proskauer, Rose & Paskus, of New York City, for appellant receiver.

G. Baker Schroeder and Alfred L. Rose, both of New York City (Carlos L. Israels, of New York City, of counsel), for appellants.

Beardsley & Taylor, of New York City (Thomas H. Beardsley, of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

Upon a creditors' bill in equity Harry G. Kosch was appointed receiver of Roxy Theatre Corporation on May 18, 1932, and as such receiver operated the defendant's theaters up to and including June 30, 1932. Subsequent to his appointment, the Continental Bank & Trust Company, as successor trustee under a mortgage made by Roxy Theatre Corporation, filed a bill to foreclose the mortgage. By order entered June 28, 1932, the two suits were consolidated...

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