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BOURKE v. KRICK

No. 8560.

304 F.2d 501 (1962)

Clyde E. BOURKE, Trustee in Bankruptcy, Appellant and Cross-Appellee, v. Benjamin KRICK, Claimant, Appellee and Cross-Appellant. In the Matter of ROGER CRAIG, INC., Bankrupt.

United States Court of Appeals Fourth Circuit.

Decided June 5, 1962.

Rehearing Denied August 20, 1962.

Attorney(s) appearing for the Case

J. Martin McDonough and William Holland Wilmer, II, Baltimore, Md. (Howard Larcombe, Silver Spring, Md., and Piper & Marbury, Baltimore, Md., on the brief), for appellant and cross-appellee.

Leonard S. Melrod (Joseph V. Gartlan, Jr., Washington, D. C., Robert L. Weinberg and J. Edward Davis, Baltimore, Md., on the brief), for appellee and cross-appellant.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

This appeal concerns a controversy between Clyde Bourke, trustee in bankruptcy of Roger Craig, Inc., and Benjamin Krick over the proceeds from the sale of certain real property located in Montgomery County, Maryland. Determination of the issue is wholly dependent on Maryland law.

Roger Craig, Inc., the bankrupt, is a solely owned corporation of Daniel M. Ostrow, which engaged in the development...

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