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IN RE FORTNUM & MASON

No. 475.

85 F.2d 519 (1936)

In re FORTNUM & MASON, Inc. MAGILL et al. v. STARKEY.

Circuit Court of Appeals, Second Circuit.

August 10, 1936.

Attorney(s) appearing for the Case

House, Holthusen & Pinkham, of New York City (Victor House and Spencer Pinkham, both of New York City, of counsel), for appellants.

Stern & McGivney, of New York City (Walter T. Stern and Arthur A. McGivney, both of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge.

This petition was brought by three preferred stockholders of Fortnum & Mason, Inc., a New York corporation whose principal place of business was in the city of New York, which had been adjudicated a bankrupt on its voluntary petition. It was verified only by an attorney who acted wholly upon information and belief. It was answered by the trustee in bankruptcy who, on information and belief, partly admitted and partly denied the allegations...

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