LEGATE v. MALONEY

No. 6020.

308 F.2d 228 (1962)

William H. LEGATE, Petitioner, Appellant, v. J. Joseph MALONEY, Jr., Receiver, Appellee.

United States Court of Appeals First Circuit.

September 28, 1962.


Attorney(s) appearing for the Case

Mark M. Horblit, Boston, Mass., and Samuel H. Kalish, Boston, Mass., on brief in opposition to motion to dismiss appeal.

Marcien Jenckes, James C. Heigham, Charles H. Morin and Choate, Hall & Stewart, Boston, Mass., on motion to dismiss and brief in support thereof.

Before WOODBURY, Chief Judge, and HARTIGAN, Circuit Judge.


PER CURIAM.

The court below on a complaint filed by the Securities and Exchange Commission issued a temporary restraining order and appointed a receiver for a co-partnership in the stock brokerage business in Boston, Massachusetts, by the name of du Pont, Homsey & Company. In the course of the proceedings which followed the appellant filed a petition in which he alleged that he had become a limited partner in the firm, turning over to it $80,000 in cash and securities...

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