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SAFE DEPOSIT BANK AND TRUST COMPANY v. BERMAN

No. 7041.

393 F.2d 401 (1968)

SAFE DEPOSIT BANK AND TRUST COMPANY, Petitioner, Appellant, v. Eugene B. BERMAN, Trustee, Appellee. In the Matter of FERNANDES WELDING & EQUIPMENT SERVICE, INC., Bankrupt.

United States Court of Appeals First Circuit.

April 22, 1968.

Attorney(s) appearing for the Case

George B. Scully, Holyoke, Mass., with whom Lyon, Curley, Scully & Fitzpatrick, Holyoke, Mass., was on brief, for appellant.

Earl Alpert, Springfield, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Appellant Safe Deposit Bank and Trust Company (Bank) appeals from an order of the district court affirming an adverse finding of a referee in bankruptcy. The referee had ruled that the Bank had not succeeded in establishing a lien on certain property (or the sales proceeds thereof) of a bankrupt.

The Bank had financed the bankrupt during the period relevant to this case, using a variety of security...

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