UNITED STATES v. GOLDBERG

No. 15073.

349 F.2d 633 (1965)

UNITED STATES of America v. Morris C. GOLDBERG, etc., et al. North Carolina National Bank, Successor by Consolidation to Security National Bank of Greensboro, Indenture Trustee, Greensboro, North Carolina, Appellant.

United States Court of Appeals Third Circuit.

Decided August 3, 1965.


Attorney(s) appearing for the Case

H. Francis DeLone, Dechert, Price & Rhoads, Philadelphia, Pa. (Jere A. Young, Philadelphia, Pa., on the brief), for appellant.

Joseph Kovner, Department of Justice, Tax Div., Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Attorney, Department of Justice, Washington, D. C., on the brief), for the United States.

Edwin P. Rome, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa. (Jack R. Bershad, Philadelphia, Pa., on the brief), for Samuel Weinrott and Edward J. Breen, receivers-appellees.

Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.


FORMAN, Circuit Judge.

North Carolina National Bank (Bank) as successor Trustee1 was the holder of an Indenture of Mortgage, dated September 1, 1955, made by the Pennsylvania Laundry Company (Laundry), a corporation of the State of Pennsylvania, to secure an issue of first mortgage and collateral trust bonds. The indenture covered the real estate and personal property of Laundry in Philadelphia, Pennsylvania. In addition Laundry assigned...

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