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CAPITAL CO. v. FOX

Nos. 468-472.

85 F.2d 97 (1936)

CAPITAL CO. v. FOX, and five other cases.

Circuit Court of Appeals, Second Circuit.

July 27, 1936.

Attorney(s) appearing for the Case

Robert P. Levis, of New York City, for appellants.

Cravath, De Gersdorff, Swaine & Wood, of New York City (Samuel B. Stewart, Jr., of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

These appeals are from orders denying motions to set aside subpœnas issued under section 779 (2) of the Civil Practice Act of New York (as added by Laws N.Y. 1935, c. 630) in proceedings supplementary to execution. On July 18, 1935, the plaintiff took judgment against the defendant, Fox, upon his confession in the sum of nearly $300,000; and on March 27, 1936, it served a subœna on each of the appellants, five firms of stockbrokers...

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