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FREDERICK v. BAXTER ARMS CORPORATION

No. 56.

107 F.2d 732 (1939)

FREDERICK v. BAXTER ARMS CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

Sydney Krause, of New York City (Martin H. Young and Hyman Gold, both of New York City, on the brief), for plaintiff-appellant.

William N. Tobin, of New York City, for defendants-appellees.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, as trustee in bankruptcy of Elizabeth Bunge, attacks her transfer, prior to her bankruptcy, of the Baxter Arms Apartment House to the Baxter Arms Corporation. This appeal must fail unless we hold to be "clearly erroneous" the finding of the court below that the money with which she originally purchased the property in question was not her own, but actually belonged to her mother and brother. Federal Rule of Civil Procedure 53(e) (2...

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