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MODEL DAIRY CO. v. FOLTIS-FISCHER, INC.

No. 412.

91 F.2d 971 (1937)

MODEL DAIRY CO., Inc., v. FOLTIS-FISCHER, Inc. TRAVELERS INS. CO. et al. v. FOLTIS-FISCHER CORPORATION.

Circuit Court of Appeals, Second Circuit.

August 9, 1937.

Attorney(s) appearing for the Case

Coudert Brothers, of New York City (Thomas K. Finletter and Benjamin F. Tracy, both of New York City, of counsel), for appellant.

William J. Moran, of New York City, for claimant and appellee Travelers Ins. Co.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

To a creditor's bill for the appointment of a receiver brought in the District Court for the Southern District of New York on June 14, 1932, by Model Dairy Company, Inc., against Foltis-Fischer, Inc., the defendant filed an answer admitting the allegations and consenting to the appointment. A temporary receiver was appointed and later, on June 29, 1932, the appointment was made permanent.

Such proceedings were had that on February 28...

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