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IRVING TRUST CO. v. AMERICAN SILK MILLS

No. 433.

72 F.2d 288 (1934)

IRVING TRUST CO. et al. v. AMERICAN SILK MILLS, Inc.

Circuit Court of Appeals, Second Circuit.

July 23, 1934.

Attorney(s) appearing for the Case

Henry I. Fillman, of New York City (Leonard Acker, of Brooklyn, N. Y., and Henry I. Fillman, of New York City, of counsel), for defendant-appellant.

Basil O'Connor, of New York City (Basil O'Connor, Arnold T. Koch, and Earle R. Koons, all of New York City, of counsel), for plaintiffs-appellees.

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

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The court below granted a summary judgment for the plaintiffs on the pleadings and affidavits to the amount of the installments of rent due under the lease for the months of February to August, 1933, inclusive, aggregating $8,866.69, with interest amounting to $398.99, making, with costs, the sum of $9,293.77. The defendant has appealed on the ground that:

(1) The receivers were without authority...

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