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IN RE WITHERBEE COURT CORPORATION

No. 250.

88 F.2d 251 (1937)

In re WITHERBEE COURT CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 15, 1937.

Attorney(s) appearing for the Case

Robert P. Weil, of New York City, for appellant Klee Corporation.

Newman & Bisco, of New York City (Robert P. Weil and David Barnett, both of New York City, of counsel), for appellant Maufacturers Trust Co.

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle, Stoddard B. Colby, and Ernest Brooks, Jr., all of New York City, of counsel), for appellees.

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

SWAN, Circuit Judge.

The debtor corporation's sole asset is an apartment building in Pelham Manor, N. Y. The property is subject to a first mortgage in the principal amount of $371,000, with overdue interest thereon which brought to $437,425.07 the total amount due on March 16, 1935, the date of the filing of the debtor's petition. It is subject also to a second mortgage securing an indebtedness which amounted to $92,997.16 on the same date. There are also claims...

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