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OTTE v. LANDY

No. 13294.

256 F.2d 112 (1958)

William OTTE, Richard Green and Russell Knapp, as Trustees of Paper Corporation of America, Bankrupt, Appellants, v. Murray LANDY, Individually and as Mortgage Trustee, and I. Lawrence Lesavoy, Appellees.

United States Court of Appeals Sixth Circuit.

June 18, 1958.

Attorney(s) appearing for the Case

David Haar, New York City, James K. Brooker, of Smith & Brooker, Bay City, Mich., on brief, for appellants.

E. Cyril Bevan, Detroit, Mich., Francis K. Young (of Bevan, Young & Walter), Detroit, Mich., Clendon H. Lee (of O'Connor & Farber), New York City, on brief, for appellees.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.

STEWART, Circuit Judge.

The appellants are the trustees in bankruptcy of Paper Corporation of America, a Delaware corporation which was adjudicated a bankrupt in February, 1955. The corporation's principal property was a paper mill in Cheboygan, Michigan. Proceeding under § 70, sub. e of the Bankruptcy Act,1 the trustees brought this action to set aside a mortgage on this property which had been executed by the corporation in 1947...

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