IN RE PRIMA CO.

Nos. 6141, 6142.

88 F.2d 785 (1937)

In re PRIMA CO. FIRST NAT. BANK OF CHICAGO v. PRIMA CO. et al.

Circuit Court of Appeals, Seventh Circuit.

March 3, 1937.


Attorney(s) appearing for the Case

Henry S. Blum, of Chicago, Ill., for appellant.

Paul F. Koenig and P. A. Rattray, both of Chicago, Ill. (Edmund D. Adcock, of Chicago, Ill., of counsel), for appellee Marshall Keig.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


EVANS, Circuit Judge.

The narrow question presented for our determination concerns the power of the District Court sitting as a court of bankruptcy to authorize, in a pending proceeding brought under section 77B of the Bankruptcy Act, as amended 11 U.S.C.A. § 207, the issuance of trustee's certificates which are to have a lien1 prior to an existing mortgage trust deed on debtor's property, where the trust deed expressly provided that...

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