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G. F. WERTIME, INC. v. TURCHICK

No. 47, Docket 27913.

358 F.2d 802 (1966)

G. F. WERTIME, INC., Appellant, v. Alexander TURCHICK, Trustee of Kinne Equipment Co., Inc., in reorganization pursuant to Chapter X of the Bankruptcy Act, Appellee.

United States Court of Appeals Second Circuit.

Decided April 14, 1966.

Attorney(s) appearing for the Case

Ernest B. Morris, Albany, N. Y., for appellant.

Philip R. Murray, Albany, N. Y., for appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge:

This proceeding was commenced by the petition of Alexander Turchick, reorganization trustee of the Kinne Equipment Co. (hereinafter Kinne Co.) for an order declaring that the assignment of a mortgage from Kinne Co. to G. F. Wertime, Inc. (hereinafter Wertime) was null and void as against the trustee, that Wertime had no claim or interest in the property so mortgaged and that an unrecorded deed from Thomas H. Kinne (hereinafter T. H. Kinne...

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