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IN RE UNITED CIGAR STORES CO.

No. 37.

73 F.2d 296 (1934)

In re UNITED CIGAR STORES CO. OF AMERICA. BANKERS' TRUST CO. v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

Stroock & Stroock, of New York City (Sol M. Stroock and Robert D. Steefel, both of New York City, of counsel), for petitioner Bankers' Trust Co. as trustee.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney, Donald C. Swatland, and R. L. Gilpatric, all of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

The order entered below disallowed and expunged appellant's claim in bankruptcy because the appellant was held to be a secured creditor of the bankrupt under section 1, subd. 23 of the Bankruptcy Act (11 USCA § 1 (23). In August, 1929, the Retail Chemists' Corporation, then known as Whelan's Drug Company, Inc., borrowed $100,000 from appellant and gave as security a first mortgage on certain real estate owned by it. The United Cigar Stores...

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