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GOLIN v. FLORENCE TRADING CORPORATION

No. 264.

128 F.2d 431 (1942)

GOLIN v. FLORENCE TRADING CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 27, 1942.

Attorney(s) appearing for the Case

Abraham Kleinberg, of New York City (Reuben Golin, of New York City, of counsel), for trustee.

David Harrison, of New York City, for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The question presented by this appeal is whether a summary proceeding may be maintained by the trustee in bankruptcy of G. E. Grober Elevators, or whether he must resort to a plenary suit. The respondent, in 1939, loaned G. E. Inc., a sum of money, taking in return notes secured by a chattel mortgage. The mortgage was properly filed on June 8, 1939, but upon refiling it on June 7, 1940, the respondent failed to comply with the requirements of...

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