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IN RE KINGS COUNTY REAL ESTATE CORPORATION

No. 217.

67 F.2d 895 (1933)

In re KINGS COUNTY REAL ESTATE CORPORATION. LINCOLN SAV. BANK v. REALTY ASSOCIATES SECURITY CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 4, 1933.

Attorney(s) appearing for the Case

Henry Hetkin, of Brooklyn, N. Y. (Irving Rozen, of New York City, of counsel), for appellant.

Hutton & Holahan, of Brooklyn, N. Y. (Denis M. Hurley, of Brooklyn, N. Y., of counsel), for appellee Savings Bank.

Samuel C. Duberstein, of Brooklyn, N. Y. (Max Schwartz, of Brooklyn, N. Y., on the brief), for trustee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

The Lincoln Savings Bank was a first mortgagee of certain realty owned by the bankrupt, Kings County Real Estate Corporation; the Realty Associates was a second mortgagee. During the administration of the estate in bankruptcy, the Realty Associates asked leave of the court to foreclose, and that the rents meanwhile falling due should be sequestered for its benefit under a clause in the mortgage assigning them to...

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