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MURPHY v. BANKERS COMMERCIAL CORP.

No. 215, Docket 22651.

203 F.2d 645 (1953)

MURPHY et al. v. BANKERS COMMERCIAL CORP.

United States Court of Appeals Second Circuit.

Decided April 6, 1953.

Attorney(s) appearing for the Case

Archibald Palmer, Samuel Masia, New York City, and McNutt & Nash, Special Admiralty Counsel, New York City, for plaintiffs-appellants; Archibald Palmer, Samuel Masia and John F. Lang, New York City, of counsel.

White & Case and Thacher, Proffitt, Prizer & Crawley, New York City, for defendant-appellee; William St. John Tozer, John C. Crawley, David Hartfield, Jr., New York City, and Howard Aibel, Brooklyn, N. Y., of counsel.

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

AUGUSTUS N. HAND, Circuit Judge.

On November 21, 1952, an involuntary petition in bankruptcy was filed against the Basile Shipping Company. Prior thereto in October 1952 the defendant had instituted proceedings in Honduras to foreclose a mortgage dated November 9, 1951 on two of the debtor's ships located there. At the request of certain creditors a temporary restraining order was granted on January 26, 1953, enjoining the foreclosure of the mortgage for thirty days...

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