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CRENSHAW v. McKINLEY

No. 56.

116 F.2d 877 (1941)

CRENSHAW v. McKINLEY et al.

Circuit Court of Appeals, Second Circuit.

January 13, 1941.

Attorney(s) appearing for the Case

Root, Clark, Buckner & Ballantine, of New York City (John E. F. Wood and Lyman M. Tondel, Jr., both of New York City, of counsel), for appellant.

David W. Kahn, of New York City, for McKinley & Co., Inc., and Lindsay Parker McKinley.

Wachtell, Manheim & Grouf, of New York City (Myron K. Wilson, of New York City, of counsel), for Marjorie M. McKinley and Marie Pierce.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The appellant is the trustee in bankruptcy of Lindsay Parker McKinley who filed a voluntary petition in the District Court for the Southern District of New York on December 18, 1937, and was adjudicated a bankrupt on December 20, 1937.

Invoking Federal jurisdiction under the provisions of the Bankruptcy Act, the appellant on December 6, 1939, sued the bankrupt's wife, Marjorie M. McKinley; McKinley & Company, Inc., a New York corporation...

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