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HOLMBERG v. CARR

No. 87.

86 F.2d 727 (1936)

HOLMBERG et al. v. CARR.

Circuit Court of Appeals, Second Circuit.

December 7, 1936.

Attorney(s) appearing for the Case

F. Wright Moxley, of New York City, for appellant.

Burlingame, Nourse & Pettit, of New York City (Paul A. Crouch and Clarence Fried, both of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree, striking out certain parts of the answer of the defendant Carr, as sham and frivolous, dismissing the defences in his answer, and summarily appointing a receiver in the Southern District of New York, ancillary to a receiver already appointed in the Fourth Division of the District of Minnesota. The bill was filed by five creditors of the "Southern Minnesota Joint Stock Land Bank of Minneapolis," suing on behalf...

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