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IN RE HOTEL MARTIN CO. OF UTICA

No. 261.

83 F.2d 231 (1936)

In re HOTEL MARTIN CO. OF UTICA. FIRST CITIZENS BANK & TRUST CO. OF UTICA v. MARTIN et al.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.

Attorney(s) appearing for the Case

Miller, Hubbell & Evans, of Utica, N. Y., for appellant.

August Merrill and S. Sheldon Judson, both of Utica, N. Y., for appellee Wm. M. Martin, as trustee, etc.

Rudd, Griffin & Penberthy, of Utica, N. Y., for Hotel Martin Co., debtor.

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

MANTON, Circuit Judge.

The question for consideration is whether a bank may set off debts owed to it by a corporation against a deposit made by the debtor after the filing but before the approval of a petition for reorganization under section 77B of the Bankruptcy Act (June 7, 1934, c. 424, § 1, 48 Stat. 912, as amended Aug. 20, 1935, c. 577, 49 Stat. 664, Aug. 29, 1935, 49 Stat. 965, 11 U.S. C.A. § 207).

The appellant owned $276,000 of the debtor...

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