AUFDERHEIDE v. MINE SAFETY APPLIANCE CO.

No. 7982.

9 F.Supp. 918 (1934)

AUFDERHEIDE v. MINE SAFETY APPLIANCE CO.

District Court, W. D. Pennsylvania.

November 28, 1934.


Attorney(s) appearing for the Case

Carl D. Smith, of Pittsburgh, Pa., for plaintiff.

Howard Zacharias, of Pittsburgh, Pa., for defendant.


SCHOONMAKER, District Judge.

This is an action by a receiver of a national bank to recover preferential payments alleged to have been made through the payment by the bank of certain pay roll checks issued by the defendant during what is known as the "Bank Holiday" under Proclamation of the President under date of March 6, 1933 (No. 2039, 12 USCA § 95 note).

The plaintiff has moved for judgment for want of a sufficient affidavit of defense. On this motion...

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