POPE & COTTLE CO. v. FAIRBANKS REALTY TRUST

No. 3719.

124 F.2d 132 (1941)

POPE & COTTLE CO. v. FAIRBANKS REALTY TRUST.

Circuit Court of Appeals, First Circuit.

December 19, 1941.


Attorney(s) appearing for the Case

John C. Birmingham and Harry J. Mitchell, both of Boston, Mass. (George E. Mackey and Jones, Nash & Birmingham, all of Boston, Mass., on the brief), for appellant.

Alexander Gould, of Boston, Mass. (Harry Shapiro, of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAGRUDER, Circuit Judge.

Pope & Cottle Company as a creditor filed an involuntary petition in bankruptcy against Fairbanks Realty Trust described as "a voluntary association and an unincorporated company operated by Henry Berish, of Boston, and Catherine Burns, of Cambridge, trustees under a declaration of trust made on the fourth day of June, 1940, and recorded with Norfolk Registry of Deeds, Vol. 2281, Page 197, and having a usual place of business in Brookline...

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