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FOX v. McGRATH

No. 95.

152 F.2d 616 (1945)

FOX v. McGRATH et al.

Circuit Court of Appeals, Second Circuit.

December 19, 1945.

Attorney(s) appearing for the Case

Walter Bruchhausen, of New York City (Cadwalader, Wickersham & Taft, of New York City, on the brief), for petitioner-appellant Fox.

Edward Lazansky, of New York City (Lazansky, Callaghan, Stout & Nova and Thomas A. Gaffney, all of New York City, on the brief), for debtor-respondent Long Island University.

Francis M. Verrilli, of Brooklyn, N. Y., for respondents-appellees John P. McGrath and Joseph O'Connor.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Petitioner, Frank Fox, has appealed from an order of the District Court denying a petition that a judgment obtained by him in the Supreme Court of New York against Long Island University, debtor in reorganization proceedings, be declared a first lien against the proceeds of sale of the debtor's real property.1 The claim upon which the judgment was entered was on a note given by the University to the Brooklyn National...

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