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DELAWARE COUNTY NAT. BANK v. MONTGOMERY

No. 5647.

78 F.2d 616 (1935)

DELAWARE COUNTY NAT. BANK v. MONTGOMERY (ATLANTIC REFINING CO., Intervener).

Circuit Court of Appeals, Third Circuit.

June 21, 1935.

Attorney(s) appearing for the Case

Paul Lane Ives, of Chester, Pa., for appellant.

Morris W. Kolander, of Philadelphia, Pa., and Raymond E. Zickel, of Media, Pa. (Lutz, Ervin, Reeser & Fronefield, of Media, Pa., of counsel), for appellees.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a decree of the District Court for the Eastern District of Pennsylvania. The appellee is the trustee of the bankrupt estate of the Victory Cleaning & Dye Works, Inc. He petitioned for leave to sell machinery and equipment contained in the plant of the bankrupt corporation. The appellant, as owner of a mortgage on the real estate of the corporation, claimed a lien on the machinery and equipment, and objected to the...

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