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IN RE TAYLOR & DEAN MFG. CO.

No. 8247.

136 F.2d 370 (1943)

In re TAYLOR & DEAN MFG. CO. Appeal of SPROUL.

Circuit Court of Appeals, Third Circuit.

Decided June 7, 1943.

Attorney(s) appearing for the Case

William A. Meyer, of Pittsburgh, Pa. (A. E. Kountz and Kountz & Fry, all of Pittsburgh, Pa., on the brief), for appellant.

P. K. Motheral, of Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This appeal involves a controversy between the assignee of a mortgagee and the trustee in bankruptcy of a manufacturing corporation. The conflicting claims are to the proceeds of the sale of machinery upon the bankrupt's premises and turn upon the rights of the parties under the law of Pennsylvania relating to industrial mortgages. The fact background is as follows:

Anthony C. Dean had conducted, from 1910 or earlier, an ornamental...

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