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LAHEY v. TRACHMAN

No. 327.

130 F.2d 748 (1942)

LAHEY v. TRACHMAN. In re JAYBAR REALTY CORPORATION.

Circuit Court of Appeals, Second Circuit.

August 19, 1942.

Attorney(s) appearing for the Case

Edward M. Sills, of New York City, for appellant.

Sydney Cutler, of New York City (Julius Cutler, of New York City, of counsel), for appellee.

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

CLARK, Circuit Judge.

This, in form, is a three-sided dispute among a trustee in bankruptcy, a vendor of real estate, and the City of New York. At issue is the right to a refund of part of a sewer assessment against real estate sold by appellant, Lahey, to the bankrupt, Jaybar Realty Corp. The trustee sought to obtain the refund by summary proceedings against the city, and Lahey, who was given notice, appeared specially to contest summary jurisdiction of the bankruptcy...

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