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IN RE AMERICAN PILE FABRIC CO.

No. 5969.

85 F.2d 961 (1936)

In re AMERICAN PILE FABRIC CO. IDEAL BUILDING & LOAN ASS'N v. BATEMAN.

Circuit Court of Appeals, Third Circuit.

September 22, 1936.

Attorney(s) appearing for the Case

M. Jacob Markmann, of Philadelphia, Pa., for appellant.

Henry Panfil and Moore, Gossling & Panfil, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court allowing the appellee to sell certain machinery used as a part of the bankrupt's business. The appellant objects to the sale on the ground that as mortgagee of the realty, it has a first lien upon this machinery, which it alleges has become a part of the realty. The appellee, however, contends that this machinery was the personal property of the bankrupt and did not become part of the mortgaged...

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