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McCANCE v. D. A. SCHULTE, INC., OF NEW YORK

No. 379.

91 F.2d 733 (1937)

McCANCE et al. v. D. A. SCHULTE, Inc., OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

June 28, 1937.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, of New York City (D. L. Bugg and R. L. von Bernuth, both of New York City, of counsel), for appellants.

Jerome Eisner and Ernst, Gale, Bernays & Falk, all of New York City (Henry I. Fillman, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy, expunging a claim against the debtor in reorganization. The facts, so far as we can gather them from a most inadequate record, are the same as in Guinzburg et al., v. D. A. Schulte, Inc. (C.C.A.) 91 F.2d 733, handed down herewith, except that the land was in Pittsburgh. That makes no difference as to the recovery based upon a constructive trust, because, although...

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