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IRVING TRUST CO. v. FLEMING

Nos. 3699, 3700.

73 F.2d 423 (1934)

IRVING TRUST CO. et al. v. FLEMING et al. (two cases).

Circuit Court of Appeals, Fourth Circuit.

October 2, 1934.

Attorney(s) appearing for the Case

Godfrey Goldmark, of New York City (J. Harper Meredith and Haymond & Haymond, all of Fairmont, W. Va., Douglas M. Black and Max Freund, both of New York City, and D. H. Hill Arnold, of Elkins, W. Va., on the brief), for appellants.

H. W. Russell, of Parkersburg, W. Va. (Moreland & Guy, of Morgantown, W. Va., Deveny & Furbee, of Fairmont, W. Va., Russell, Hiteshaw, Adams & Hill, of Parkersburg, W. Va., James R. Moreland, of Morgantown, W. Va., and Russell L. Furbee and C. Brooks Deveny, both of Fairmont, W. Va., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order dismissing the petition of the trustee in bankruptcy of the McCrory Stores Corporation, which sought an order requiring receivers of a West Virginia state court to turn over property alleged to belong to the bankrupt estate. An understanding of the questions presented by the appeal requires a statement as to (1) the relationship existing between the McCrory Stores Corporation...

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