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IN RE UNITED CIGAR STORES CO. OF AMERICA

No. 55129.

9 F.Supp. 149 (1934)

In re UNITED CIGAR STORES CO. OF AMERICA.

District Court, S. D. New York.

May 28, 1934.

Attorney(s) appearing for the Case

Ernst, Gale, Bernays & Falk, of New York City (George G. Ernst and Henry Gale, both of New York City, of counsel), for claimant petitioners.

Arthur Leonard Ross and Otto B. Schmidt, both of New York City, for Fidelity & Casualty Co. of New York.

PATTERSON, District Judge.

The question is whether attorneys filing a proof of claim in behalf of a creditor against a bankrupt estate have an attorney's lien on dividends declared on a portion of the claim, as against a surety which has paid such portion of the claim to the creditor and become the owner of it by subrogation.

The facts are not in dispute. Some years prior to bankruptcy the bankrupt leased certain real estate in Chicago owned by the Grey estate...

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