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TITLE GUARANTEE & TRUST CO. v. BUSH TERMINAL CO.

No. 27.

131 F.2d 594 (1942)

TITLE GUARANTEE & TRUST CO. v. BUSH TERMINAL CO.

Circuit Court of Appeals, Second Circuit.

November 2, 1942.

Attorney(s) appearing for the Case

Gross & Keck, of Brooklyn, N. Y., for appellant.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman and Morris Shilensky, both of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND and CLARK, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiff, Title Guarantee and Trust Company, as trustee under a mortgage indenture executed by the defendant, from a judgment dismissing the complaint after a trial on the merits to the court without a jury. The issue presented is whether the plaintiff is entitled to possession of 9,900 shares of stock of Bush Terminal Buildings Company as part of the security pledged under the defendant's mortgage. The shares in dispute were...

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