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IN RE EUCLID DOAN CO.

No. 8018.

104 F.2d 712 (1939)

In re EUCLID DOAN CO. NATIONAL CITY BANK OF CLEVELAND v. EUCLID DOAN CO. (HARVEY, Intervener).

Circuit Court of Appeals, Sixth Circuit.

June 9, 1939.

Attorney(s) appearing for the Case

Clan Crawford, of Cleveland, Ohio (Squire, Sanders & Dempsey, H. J. Crawford, Paul J. Bickel, and Frank Harrison, all of Cleveland, Ohio, on the brief), for appellant.

Morris Berick, of Cleveland, Ohio (Halle, Harris, Haber & Berick, of Cleveland, Ohio, on the brief), for appellees.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

This appeal involves an issue similar to those considered in Commissioner v. H. F. Neighbors Realty Co., 6 Cir., 81 F.2d 173, and in Commissioner v. F. & R. Lazarus & Co., 6 Cir., 101 F.2d 728, namely: The status of the transaction whereby a debtor raised money upon real estate by divesting itself of the fee, but retaining possession under a renewable ninety-nine year...

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