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PRUDENTIAL INS. CO. OF AMERICA v. LAND ESTATES

31 F.Supp. 845 (1939)

PRUDENTIAL INS. CO. OF AMERICA v. LAND ESTATES, Inc. Claim of ROYAL INDEMNITY CO.

District Court, S. D. New York.

November 21, 1939.

Attorney(s) appearing for the Case

Greenbaum, Wolff & Ernst, of New York City, for receiver.

Clark & Reynolds, of New York City, for complainant.

Julius S. Smith, of New York City (Alexander H. Carroad, of New York City, of counsel), for Royal Indemnity Co.

Kramer & Kleinfeld, of New York City (Barnet Kaprow, of New York City, of counsel), for trustees of Series BK.

PATTERSON, Circuit Judge.

The special master recommended allowance of the claim of Royal Indemnity Company at $317.14, as a prior claim to be paid out of rents collected by the insolvent defendant and held in trust for the certificate holders of Series BK.

A creditor's bill was brought against the defendant on August 18, 1933, and receivers were appointed. The facts bearing on the relationship of the defendant to the certificate holders were set forth in Van...

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