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UNITED STATES v. 93 COURT CORPORATION

No. 509, Docket 29699.

350 F.2d 386 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. 93 COURT CORPORATION, Anthony M. Meyerstein, Inc., Anthony M. Meyerstein and Theodore B. Meyerstein, Defendants-Appellants, and The People of the State of New York, etc., Defendants.

United States Court of Appeals Second Circuit.

Decided August 31, 1965.

Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty., David L. Rose, Florence Wagman Roisman, Attys., Dept. of Justice, for plaintiff-appellee.

Albert Foreman, Carl Levine, Morgulas & Foreman, New York City, for defendants-appellants.

Before WATERMAN, MARSHALL and ANDERSON, Circuit Judges.

WATERMAN, Circuit Judge:

The government commenced an action to foreclose a mortgage that secured a note given to the Reconstruction Finance Corporation (hereinafter RFC) and moved for the appointment of a receiver. Defendants cross-moved to dismiss on the ground that the government's action was barred by the running of the Statute of Limitations. In a single order the court below appointed a receiver and denied defendants' cross-motion to dismiss. Defendants appeal...

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