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IN RE WINTER

No. 470, Docket 35509.

439 F.2d 808 (1971)

In the Matter of Louis WINTER, Andrew Winter, Sam Winter and Pincus Winter, individually and as copartners, doing business as Winter & Sons, and the partnership of Winter and Sons, Bankrupts. Daniel N. CAMOIA, Trustee in Bankruptcy, Appellant, v. The CITY OF NEW YORK, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 5, 1971.

Attorney(s) appearing for the Case

Michael Berman, New York City, for appellant.

Edmund B. Hennefeld, New York City (J. Lee Rankin, Corp. Counsel, City of New York and Stanley Buchsbaum, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and ANDERSON, Circuit Judges.

PER CURIAM:

In June, 1965, the bankrupts had mortgaged to the City of New York the premises at 916 Kelly Street, Bronx, as security for an indebtedness of approximately $121,000. The mortgage granted to the City a further security interest in rents derived from that building.1 After the mortgagors were adjudicated bankrupt in November, 1966 and a bankruptcy trustee took over the operation of the building, the referee authorized the mortgagee...

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