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CONTINENTAL BANK & TRUST CO. OF NEW YORK v. NINETEENTH & W. STS. CORP.

Nos. 5763, 5764.

79 F.2d 284 (1935)

CONTINENTAL BANK & TRUST CO. OF NEW YORK v. NINETEENTH & WALNUT STREETS CORPORATION et al. HICKEY et al. v. SAME.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied September 9, 1935.

Attorney(s) appearing for the Case

Stanley Folz and Sylvan H. Hirsch, both of Philadelphia, Pa. (Sundheim, Folz & Sundheim, of Philadelphia, Pa., and Wise, Shepard & Houghton, of New York City, of counsel), for appellants.

Benjamin M. Golder, Otto Kraus, Jr., David Rosen, and Hirschwald, Goff & Rubin, all of Philadelphia, Pa., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case it appears that on July 7, 1924, the Nineteenth & Walnut Street Corporation (hereafter called Nineteenth), the owner of the Rittenhouse-Plaza Apartment (hereafter called Plaza), gave a duly recorded mortgage to Walter S. Klee to secure a bond issue of $3,200,000. Subsequently this mortgage was duly assigned to the Continental Bank & Trust Company of New York (hereafter called...

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