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ESBITT v. PAUL L. FORCHHEIMER & CO.

No. 240, Docket 27305.

300 F.2d 153 (1962)

William ESBITT, Receiver of Arlee Associates, Inc., et al., Petitioner-Appellee and Cross-Appellant, v. PAUL L. FORCHHEIMER & CO., Respondent-Appellant and Cross-Appellee.

United States Court of Appeals Second Circuit.

Decided March 6, 1962.

Attorney(s) appearing for the Case

Jacob Freed Adelman, New York City (Garfield, Salomon & Mainzer), New York City (Elliott J. Solomon, New York City, of counsel), for respondent-appellant.

Joseph Levine, New York City (Weitzner & Rosenblatt), New York City, for petitioner-appellee.

Before MOORE, FRIENDLY and MARSHALL, Circuit Judges.

PER CURIAM.

As the District Judge recognized, the stipulation whereby the property was turned over for Forchheimer to hold in a separate account largely met the need for which the injunction had initially been sought. Yet determination of the propriety of the injunction necessarily involves at least preliminary consideration of the locus of title to the property when the receiver was appointed. Under the circumstances we see no sufficient reason for requiring the...

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