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IN RE CHURCH E. GATES & CO.

No. 291.

97 F.2d 911 (1938)

In re CHURCH E. GATES & CO.

Circuit Court of Appeals, Second Circuit.

June 20, 1938.

Attorney(s) appearing for the Case

Glass & Lynch, of New York City (Joseph Glass, Martin S. House, and Sidney Brandes, all of New York City, of counsel), for appellants.

Maurice Finkelstein, of New York City (Michael F. Dee and Louis Glickhouse, both of New York City, and Louis Timberg, of Brooklyn, N. Y., of counsel), for appellee Mortgage Commission of State of New York.

John K. White, of Brooklyn, N. Y. (Herrick & Feinstein, of Brooklyn, N. Y., of counsel), for respondent Feinstein Committee of Certificate Holders.

Harry I. Stein, of New York City, for appellee Church E. Gates & Co.

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

CHASE, Circuit Judge.

The debtor, a New York Corporation, was organized to, and did, engage in the business of dealing in lumber in the Bronx, in the City of New York. It owned real estate there which in 1935 was encumbered by a mortgage of which the Mortgage Commission of the State of New York had the legal title, possession and control by virtue of the provisions of Chapter 19 of the Laws of New York (1935), as amended, known as the New York Mortgage Commission...

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