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IN RE HOTEL MARTIN CO. OF UTICA

No. 209.

94 F.2d 643 (1938)

In re HOTEL MARTIN CO. OF UTICA. FIRST CITIZENS BANK & TRUST CO. OF UTICA v. MARTIN et al.

Circuit Court of Appeals, Second Circuit.

February 11, 1938.

Attorney(s) appearing for the Case

Miller, Hubbell & Evans, of Utica, N. Y. (Arthur L. Evans, of Utica, N. Y., of counsel), for appellant.

Maurice Supiro, of Utica, N. Y., for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

The Hotel Martin Company of Utica is in reorganization proceedings, pursuant to section 77B, Bankr.Act, 11 U.S.C.A. § 207, and still under the jurisdiction of the court. Mr. Martin, its president, was appointed trustee for the debtor. Neither he nor his property became subject to the jurisdiction of the court. He borrowed moneys from the appellant and gave second mortgage bonds of the debtor as collateral. A judgment has been recovered against Mr...

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