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IN RE UNITED CIGAR STORES CO. OF AMERICA

No. 264.

82 F.2d 744 (1936)

In re UNITED CIGAR STORES CO. OF AMERICA.

Circuit Court of Appeals, Second Circuit.

March 16, 1936.

Attorney(s) appearing for the Case

Sheafe & McEwen, of New York City (Charles M. Sheafe, Jr., of New York City, of counsel), for claimant-appellees.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney, Donald C. Swatland, and Benjamin R. Shute, all of New York City, of counsel), for Irving Trust Co. as trustee, etc.

M. Carl Levine, of New York City, for intervener Jacob Ruppert Realty Corporation.

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

MANTON, Circuit Judge.

Both the Irving Trust Company, trustee of the debtor, and Morris, Van Wormer, and Gray, tort creditors, appeal from an order entered which granted leave to file a tort claim and directed its adjudication in the court below. Claiming damages for alleged fraudulent and deceitful representations in issuing a prospectus which resulted in the sale of securities to petitioners, they sued the United Cigar Stores Company of America, and others, in the...

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