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IN RE POTTASCH BROS. CO.

No. 91.

79 F.2d 613 (1935)

In re POTTASCH BROS. CO., Inc. CENTRAL ILLINOIS CO. v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

November 12, 1935.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Addison S. Pratt and Delbert M. Tibbetts, both of New York City, of counsel), for appellant.

Earl D. Deremer, of New York City (R. John Urevich, of New York City, on the brief), for appellee.

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

L. HAND, Circuit Judge.

The trustee appeals from an order which granted a petition in reclamation of the assignee of a creditor, in the following circumstances: At petition filed the Central Trust Company of Illinois was the largest creditor of the bankrupt; with the Chase Bank it held over ninety per cent. of the claims. It had security of various sorts not important here, except that as collateral to a note of $12,500 there had been assigned to it claims against...

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