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CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORPORATION

No. 387.

91 F.2d 907 (1937)

CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORPORATION. Claim of PHILADELPHIA CO.

Circuit Court of Appeals, Second Circuit.

July 26, 1937.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, of New York City (Cornelius W. Wickersham and J. Collier Weeks, both of New York City, of counsel), for appellants.

Basil O'Connor, of New York City (Herbert R. Berk, of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

In June, 1932, equity receivers were appointed for Fox Theatres Corporation (hereafter called Fox). In the receivership proceedings Philadelphia Company for Guaranteeing Mortgages (hereafter called Philadelphia Company) filed its claim as a contract creditor. While the claim was pending, receivers were appointed for Philadelphia Company in a proceeding in Pennsylvania, and they were permitted to file amendments to its claim. The last amendment...

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