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DUNKIRK TRUST COMPANY v. SCHMITT

Nos. 311-313, Dockets 28050-28052.

316 F.2d 537 (1963)

DUNKIRK TRUST COMPANY, Appellant, v. Nicholas L. SCHMITT, Trustee of the Estates of Aubrey C. Baldwin and Henrietta D. Baldwin, Appellee.

United States Court of Appeals Second Circuit.

Decided May 1, 1963.

Attorney(s) appearing for the Case

Mark N. Turner, of Vaughan, Brown, Kelly, Turner & Symons, Buffalo, N. Y. (Glenn W. Woodin, of Woodin & Woodin, Dunkirk, N. Y. on the brief), for appellant, Dunkirk Trust Co.

William J. O'Connor, Jr., Buffalo, N. Y. (Joseph J. Ricotta, Dunkirk, N. Y. on the brief), for appellee Nicholas L. Schmitt, trustee of the estates of Aubrey C. Baldwin and Henrietta D. Baldwin.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

HAYS, Circuit Judge.

Dunkirk Trust Company (hereinafter "the bank") appeals from so much of an order of the United States District Court for the Western District of New York as affirmed an order of the referee in bankruptcy denying appellant's claim as a secured creditor (11 U.S.C. § 1 (28)) of the estates of Aubrey C. Baldwin and Henrietta D. Baldwin, bankrupts. We affirm the determination of the district court.

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