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CENTRAL HANOVER BANK & TRUST CO. v. HERBST

No. 138.

93 F.2d 510 (1937)

CENTRAL HANOVER BANK & TRUST CO. v. HERBST.

Circuit Court of Appeals, Second Circuit.

December 6, 1937.

Attorney(s) appearing for the Case

Henry H. Salzburg, of New York City (Benjamin Beskin, of New York City, on the brief), for appellant.

Jones, Clark & Higson, of New York City (Samuel R. Feller, of New York City, Leo. H. Hirsch, Jr., of New York City, of counsel), for appellee.

Before L. HAND and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is from an order of the bankruptcy court, vacating a stay which the bankrupt had procured enjoining the prosecution of proceedings against him in a state court. The facts are as follows. Herbst, the bankrupt, by profession a dentist, had been appointed receiver of a parcel of real property in a suit of foreclosure in the Supreme Court of New York. He received allowances of $42,000, and when...

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