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CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORPORATION

No. 145.

69 F.2d 60 (1934)

CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORPORATION. In re FOX.

Circuit Court of Appeals, Second Circuit.

February 13, 1934.

Attorney(s) appearing for the Case

Hirsh, Newman, Reass & Becker, of New York City (David L. Podell, Benjamin Reass, Daniel G. Rosenblatt, and Felix S. Cohen, all of New York City, of counsel), for appellant.

Archibald R. Watson, of New York City (Ralph O. Willguss and Hyman W. Gamso, both of New York City, of counsel), for receivers-appellees.

Henry Brill, of New York City (Ralph O. Willguss and Hyman W. Gamso, both of New York City, of counsel), for defendant-appellee.

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

SWAN, Circuit Judge.

In June, 1932, receivers were appointed for Fox Theatres Corporation, a New York corporation (hereafter called Theatres), upon a creditors' bill filed in the court below by Chicago Title & Trust Company. About a month later Chicago Title & Trust Company brought in the Supreme Court of New York county an action against William Fox upon a written guaranty by which he guaranteed performance by Theatres of a contract

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