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IN RE HINES

No. 275.

88 F.2d 423 (1937)

In re HINES et al.

Circuit Court of Appeals, Second Circuit.

March 1, 1937.

Attorney(s) appearing for the Case

James G. Moore, of New York City (Albert H. Ruppar, of New York City, of counsel), for appellant.

S. Howard Sundell, of New York City (Maurice Finkelstein, Henry Weiner, Louis Glickhouse, and Arthur Rosenberg, all of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

Bankruptcy was adjudicated in September, 1932. Thereafter the trustee in bankruptcy entered into possession of an apartment house formerly owned by the bankrupts and collected the rents thereof. This property is subject to a mortgage made by Aldorf Realty Corporation to Title Guarantee & Trust Company (hereafter called the mortgagee) securing a bond for $100,000. The mortgagee had sold undivided shares, evidenced by participation certificates...

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