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IN RE BRAINARD HOTEL CO.

No. 126.

75 F.2d 481 (1935)

In re BRAINARD HOTEL CO. FINEBERG v. STONE.

Circuit Court of Appeals, Second Circuit.

January 14, 1935.

Attorney(s) appearing for the Case

McGowan & Stolz, of Syracuse, N. Y. (Max L. Stolz, Benjamin Stolz, and Carl Shapiro, all of Syracuse, N. Y., of counsel), for appellant.

Levy, Shulman & Murray, of Syracuse, N. Y. (Ralph Shulman, Carl C. Alpern, and Mayer Koplovitz, all of Syracuse, N. Y., of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy which allowed a claim in reclamation against the trustee. Fineberg, the petitioner, kept a large sum in cash in one of a set of safes maintained for its guests by the bankrupt, a hotel where he lived. Access to each safe could be had only by the guest's key used in conjunction with a master key, kept in the "cage" of the cashier, Taggerty. There was a set of duplicate guest keys, one for each safe...

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