ROTTENBERG v. UNITED STATES

No. 241.

142 F.2d 151 (1944)

ROTTENBERG et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 24, 1944.


Attorney(s) appearing for the Case

Lloyd B. Kanter, of Brooklyn, N. Y. (Lewis, Marks & Kanter and Thomas F. Kiely, all of Brooklyn, N. Y., of counsel), for appellants.

Homer R. Miller, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and A. F. Prescott, Sp. Assts. to the Atty. Gen., Harold Kennedy, U. S. Atty., and Vine H. Smith and Nathan Borock, Asst. U. S. Attys., all of Brooklyn, N. Y., on the brief), for appellee.

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


L. HAND, Circuit Judge.

Rottenberg, Cohen and Semel, as assignees of Hugh W. Murphy, Inc., a judgment creditor of the Fairbank Realty Corp., appeal from an order of the district court which denied a motion — made pursuant to § 806 of the New York Civil Practice Act — to extend to the judgment of a state court, an already existing receivership in a proceeding supplementary to execution. The facts were as...

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