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HICKIN v. CENTRAL HANOVER BANK & TRUST CO.

No. 214, Docket 20517.

162 F.2d 660 (1947)

HICKIN et al. v. CENTRAL HANOVER BANK & TRUST CO.

Circuit Court of Appeals, Second Circuit.

June 26, 1947.

Attorney(s) appearing for the Case

William H. Hicken, pro se (William H. Hicken and Edward A. Carlin, of Bethesda, Md., of counsel), for petitioner Hicken.

Chadbourne, Wallace, Parke & Whiteside, of New York City (Charles B. Lauren, of New York City, of counsel), for Manufacturers Trust Co.

Rathbone, Perry, Kelly & Drye, of New York City (Francis S. Bensel and W. Frederick Knecht, both of New York City, of counsel), for respondent-appellee Central Hanover Bank & Trust Co.

Before L. HAND, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The trustee of 80 John Street Corporation, a debtor in proceedings for reorganization under Chap. X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., in the District Court for the Southern District of New York and the holder of a second mortgage on the debtor's real property have appealed from an order fixing the rate at which interest is payable on a consolidated first mortgage on such property.

When the debtor's petition for reorganization...

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