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MERCHANTS TRANSFER & S. CO. v. FIRST FEDERAL F. B. CORP.

No. 419.

79 F.2d 243 (1935)

MERCHANTS TRANSFER & STORAGE CO. v. FIRST FEDERAL FOREIGN BANKING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

August 13, 1935.

Attorney(s) appearing for the Case

Oppenheimer, Haiblum & Kupfer, of New York City (Milton P. Kupfer and Eli S. Silberfeld, both of New York City, of counsel), for appellant Merchants Transfer & Storage Co.

Duryee, Zunino & Amen, of New York City (John Harlan Amen and Henry L. deGive, both of New York City, of counsel), for defendant-appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The decree from which this appeal was taken awarded to the defendant a fund which the plaintiff and it both claimed. The essential facts are undisputed and are as follows:

In June, 1931, Berry Bros., of Detroit, Mich., ordered 100 bags of shellac of an importer in New York City named Price. Price in turn procured a like amount of shellac to be shipped to him from India with which to fill the Berry Bros.' order. On June 11, 1931, this...

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