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PHELAN v. MIDDLE STATES OIL CORPORATION

No. 214.

154 F.2d 978 (1946)

PHELAN v. MIDDLE STATES OIL CORPORATION et al. COHEN et al. v. TUMULTY et al.

Circuit Court of Appeals, Second Circuit.

As Revised on Denial of Rehearing April 16, 1946.

Attorney(s) appearing for the Case

Kraushaar & Kraushaar, of New York City (Meyer Kraushaar and David I. Kraushaar, both of New York City, of counsel), for appellants.

Joseph P. Tumulty, of Washington, D. C., and Joseph Glass, of New York City, pro se (Leslie Kirsch, of New York City, of counsel).

Sheppard & Seipp, of New York City (John S. Sheppard, of New York City, of counsel), for Middle States Petroleum Corporation.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Because of the brevity of the district judge's opinion and because he made no findings, we have been obliged, arduously, to gather the pertinent facts from the parties' affidavits and those portions of the voluminous receivership records presented to us by the parties on this appeal. What we say of the facts should therefore be read with the understanding that they may appear to be very different after a further hearing in the court below...

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