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ERNST v. OBERFERST

No. 137, Docket 20837.

166 F.2d 519 (1948)

ERNST v. OBERFERST.

Circuit Court of Appeals, Second Circuit.

March 3, 1948.

Attorney(s) appearing for the Case

George E. Netter, of New York City (Geist & Netter and Helen M. Wolfsohn, all of New York City, on the brief), for appellant.

Arthur H. Goldberg, of New York City (Port, Samet & Goldberg, of New York City, on the brief), for appellee.

Before AUGUSTUS N. HAND, CLARK, and WOODBURY, Circuit Judges.

CLARK, Circuit Judge.

The main question argued on this appeal appears to us to be one of fact, namely whether the appellee, Samuel Oberferst, was the lessee of the seventh floor of a loft building in Long Island City, New York, and hence the landlord of the bankrupt, Para Ti Corporation, or whether he was simply a lender of money and hence a mortgagee of the premises. The issue was presented by his petition to the bankruptcy court for an order directing the payment...

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