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IN RE SHIRLEY DUKE ASSOC.

No. 1217, Docket 79-5006.

611 F.2d 15 (1979)

In re SHIRLEY DUKE ASSOCIATES, Debtor. Bryan GORDON, Jr. (Appellee), Dorothy C. Gordon, Individually, and Ralph C. Mutchler, Jr., and Sam L. Harrell, Trustees, Plaintiffs-Appellees, v. SHIRLEY DUKE ASSOCIATES, A.P.I. Trust and Shirduke, Inc., Defendants. Bryan GORDON, Jr. (Appellee), Dorothy C. Gordon, E. M. Bros, Trustee for the benefit of Orpha L. Bros Estate, Peter K. Bros, Trustee for the benefit of E. M. Bros Estate and Ralph C. Mutchler, Jr. and Sam L. Harrell, as Trustees, Plaintiffs-Appellees, v. SHIRLEY DUKE ASSOCIATES, Defendant. Appeal of WISEHART, FRIOU & KOCH.

United States Court of Appeals, Second Circuit.

Decided December 3, 1979.

Attorney(s) appearing for the Case

Arthur M. Wisehart, Wisehart, Friou & Koch, New York City, for defendants.

Cornelius H. Doherty, Jr., Fairfax, Va. (Doherty, Sheridan, Grimaldi & Shelvin, Fairfax, Va., Battle, Fowler, Jaffin, Pierce & Kheel, New York City, of counsel), for plaintiffs-appellees.

Before GURFEIN, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This appeal arises out of the refusal of the bankruptcy court to enforce an attorney's charging lien under section 475 of the New York Judiciary Law1 against the proceeds of a mortgage loan obtained by two individuals, one of whom was appellants' client and also a creditor of the Chapter XII debtor, Shirley Duke Associates.

In December 1965, Shirley Duke...

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