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IN RE EINHORN BROS., INC.

No. 12922.

272 F.2d 434 (1959)

Matter of EINHORN BROS., INC., Bankrupt. Textile Banking Company, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided December 1, 1959.

Attorney(s) appearing for the Case

John Miles Keefe, New York City (Bennett & Bricklin, Philadelphia, Pa., on the brief), for appellant.

David Rosen, Philadelphia, Pa. (Leon S. Forman, Wexler, Mulder & Weisman, Goff & Rubin, Philadelphia, Pa., on the brief), for Trustee in Bankruptcy.

Isadore Gottlieb, Philadelphia, Pa., for Dickinson Realty Corporation.

John F. Finney, Philadelphia, Pa. (Morley W. Baker, Asst. Atty. Gen., Anne X. Alpern, Atty. Gen., on the brief), for the Commonwealth.

Before GOODRICH and KALODNER, Circuit Judges, and WOOD, District Judge.

WOOD, District Judge.

I. Statement of the Case

This is an appeal by a secured creditor, The Textile Banking Company, Inc., (hereafter called "Bank") from an Order of the District Court affirming the Order of Distribution of the assets of Einhorn Bros., Inc.

The facts of the case are not in dispute. Sometime prior to January, 1957, Einhorn Bros., Inc., had borrowed money from the appellant Bank. As security for the loan, Einhorn entered into an Inventory...

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