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WEST v. RADIO-KEITH-ORPHEUM CORPORATION

No. 354.

70 F.2d 621 (1934)

WEST v. RADIO-KEITH-ORPHEUM CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 30, 1934.

Attorney(s) appearing for the Case

Schlesinger & Schlesinger, of New York City (Herbert S. Colton and Walter C. B. Schlesinger, both of New York City, of counsel), for appellant.

William J. Donovan, of New York City (Carl E. Newton, of New York City, of counsel), for receiver.

William D. Whitney and Cravath, de Gersdorff, Swaine & Wood, all of New York City, for Radio Corporation of America.

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

L. HAND, Circuit Judge.

The defendant was a holding company, its assets consisting chiefly of the shares of moving picture companies which it controlled and operated as subsidiaries, and of notes of those companies, secured by mortgages on films. Being itself in need of further funds to lend to them, on July 1, 1931, it borrowed $6,000,000 from the Chemical Bank & Trust Company and Commercial Investment Trust, giving in exchange an issue of notes, which it secured...

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