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ELY & WALKER DRY GOODS CO. v. ADAMS MFG. CO.

No. 389.

105 F.2d 906 (1939)

ELY & WALKER DRY GOODS CO. v. ADAMS MFG. CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 10, 1939.

Attorney(s) appearing for the Case

Louis L. Tetelman, of New York City (Miller & Miller and Mathilda D. Miller, all of New York City, of counsel), for creditor-appellant.

Benjamin Siegel, of New York City (Benjamin Brownstein, of New York City, of counsel), for trustee-appellee.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

CLARK, Circuit Judge.

The creditor here appeals from the denial by the bankruptcy referee, affirmed by the District Court, of its petition for an order either directing the bankruptcy trustee to turn over to it goods for which it had paid in advance, and which the bankrupt was to manufacture for it, or declaring merchandise in the possession of the trustee subject to an equitable lien for $2,163.04, the value of the goods...

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