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KENNEDY v. CRUMLISH

No. 5781.

85 F.2d 665 (1936)

KENNEDY et al. v. CRUMLISH.

Circuit Court of Appeals, Third Circuit.

September 10, 1936.

Attorney(s) appearing for the Case

Ulric J. Mengert and Montgomery & McCracken, all of Philadelphia, Pa., for appellants.

Wm. E. Lingelbach, Jr., of Philadelphia, Pa., Samuel A. Montgomery, of Media, Pa., and Arthur Littleton, of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from an order of the District Court allowing the appellee to sell certain machinery as the personal property belonging to the bankrupt estate. The order of the District Court reversed the order of the referee in bankruptcy. The appellants object to the proposed sale on the ground that the machinery had become a part of the realty, and as such was subject to the liens of two mortgages which they hold as assignees of John M. Kennedy...

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