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DOWNEY v. CITY OF YONKERS

Nos. 230-233.

106 F.2d 69 (1939)

DOWNEY v. CITY OF YONKERS and three other cases.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted December 18, 1939.

Attorney(s) appearing for the Case

Leonard G. McAneny, Corp. Counsel, of Yonkers, N. Y. (Leonard G. McAneny, of Yonkers, N. Y., E. J. Dimock, of New York City, Morris L. Rosenwasser, of Yonkers, N. Y., J. Donald Rawlings, of New York City, and Harold T. Garrity, of Yonkers, N. Y., of counsel), for appellants.

Benjamin W. Moore, of Yonkers, N. Y. (Benjamin W. Moore and Milton L. Romm, both of Yonkers, N. Y., of counsel), for appellee.

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

Writ of Certiorari Granted December 18, 1939. See 60 S.Ct. 298, 84 L.Ed. ___.

AUGUSTUS N. HAND, Circuit Judge.

The legal principles applicable to Action No. 230 against the City of Yonkers are determinative of the issues in the other three cases which need not, therefore, be separately discussed.

This is an action by the receiver of The First National Bank & Trust Company of Yonkers (herein called the Bank) against

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