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GRAVES v. MOUNT VERNON TRUST CO.

No. 312.

69 F.2d 101 (1934)

GRAVES v. MOUNT VERNON TRUST CO. et al.

Circuit Court of Appeals, Second Circuit.

January 18, 1934.

Attorney(s) appearing for the Case

Jean Nelson Penfield, of New York City, for appellant.

Clinton T. Taylor, of White Plains, N. Y., for appellee.

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

PER CURIAM.

The question before the district judge rested in his discretion, and we should not disturb his decision unless that discretion was plainly abused. The threatened wrong was the approval of the proposed plan by a justice of the New York Supreme Court under section 61-a of the New York Banking Law (Consol. Laws, c. 2), and the distribution of assets in accordance with that plan, if he approved it. His approval could be a prejudice to the plaintiff only so...

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