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YOUNG v. BRADLEY

Nos. 9618-9622.

142 F.2d 658 (1944)

YOUNG et al. v. BRADLEY et al. (two cases). TERMINAL & SHAKER HEIGHTS REALTY CO. v. SAME. KOLBE v. SAME (two cases).

Circuit Court of Appeals, Sixth Circuit.

April 21, 1944.

Attorney(s) appearing for the Case

Robert J. Bulkley, of Cleveland, Ohio, for appellant Terminal & Shaker Heights Realty Co.

Robert W. Purcell, of Cleveland, Ohio, and Samuel Spring, of New York City, for all other appellants.

Robert J. Bulkley, James A. Butler and Robert W. Purcell, all of Cleveland, Ohio, on the brief for appellants Young and others.

Samuel Spring, of New York City, on the brief, for appellant Kolbe.

L. C. Wykoff, of Cleveland (McKeehan, Merrick, Arter & Stewart and George William Cottrell, Charles K. Arter, and L. C. Wykoff, all of Cleveland, Ohio, on the brief), for appellees.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

The appellants filed claims in a bankruptcy proceeding asserting equitable title to certain securities of the Higbee Company, a Delaware corporation operating a department store in Cleveland, Ohio, debtor in a reorganization proceeding. The securities in question are 100,000 shares of common stock of the Higbee Company, and three notes of the Higbee Company totaling $1,620,715.39, due March 1, 1934. Appellants Young, Kirby and Kolbe assert that...

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