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FIRST NAT. BANK OF CINCINNATI v. WATERS

Nos. 5869, 5870.

82 F.2d 339 (1936)

FIRST NAT. BANK OF CINCINNATI et al. v. WATERS et al. NORRIS v. SAME.

Circuit Court of Appeals, Third Circuit.

January 28, 1936.

Attorney(s) appearing for the Case

In case No. 5869:

Ehrich Royall, Wheeler & Walters, of New York City, and Miller, Hubbell & Evans, of Utica, N. Y., and Baker & Watts of Pittsburgh, Pa. (Manfred W. Ehrich, of New York City, James F. Hubbell, of Utica, N. Y., and Sidney J. Watts, of Pittsburgh, Pa., of counsel), for appellant.

White & Case, of New York City, and J. Garfield Houston, Maynard Teall, and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa. (Carlos L. Israles, and G. T. Vouht, both of New York City, of counsel), for appellees.

In case No. 5870:

James F. Hubbell, of Utica, N. Y., Sidney J. Watts, of Pittsburgh, Pa., Baker & Watts, of Pittsburgh, Pa., and Miller, Hubbell & Evans, of Utica, N. Y., for appellant Norris.

Maynard Teall and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa. (Milbank, Tweed, Hope & Webb, Lawrence Bennett, G. Franklin Ludington, and W. Crosby Roper, all of New York City, of counsel), for appellees.

Before DAVIS and THOMPSON, Circuit Judges, and KIRKPATRICK, District Judge.

KIRKPATRICK, District Judge.

No. 5869.

On October 9, 1931, equity receivers were appointed by the District Court for National Radiator Corporation, and a reorganization of its affairs, already undertaken, was proceeded with, through the medium of a judicial sale of all its assets. After taking testimony, the court fixed an upset price of $2,500,000. The sale was consummated August 8, 1932, the purchasers assigned their rights to a new company, and the plan...

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