McAVOY v. UNITED STATES

No. 21406.

178 F.2d 353 (1949)

McAVOY v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided November 25, 1949.


Attorney(s) appearing for the Case

H. G. Morison, Assistant Attorney General; George L. Grobe, U. S. Attorney and R. Norman Kirchgraber, Assistant U. S. Attorney, Buffalo, N. Y., for appellant.

Edward H. Hickey, Special Assistant to the Attorney General and Hubert H. Margolies, Attorney, Department of Justice, Washington, D. C., of counsel.

Albert Averbach, Seneca Falls, N. Y., Attorney for appellee; Theodore C. Bonney, Seneca Falls, N. Y., of counsel.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This appeal raises interesting questions as to the power of the bankruptcy court to restrain the United States, which has filed a proof of claim in the bankruptcy proceedings, from seeking to intervene as a party plaintiff in an action pending in a federal court of another district, by which the bankrupt and its trustee are endeavoring to recover moneys due under a contract of which the United States holds an assignment

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