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GARDINER v. BUTLER & CO.

No. 95.

245 U.S. 603 (1918)

38 S.Ct. 214

62 L.Ed. 505

GARDINER, TRUSTEE OF THE PERRY REAL ESTATE TRUST, v. WILLIAM S. BUTLER & COMPANY, INCORPORATED, ET AL.

Supreme Court of United States.

Decided February 4, 1918.

Attorney(s) appearing for the Case

Mr. Alexander Whiteside, with whom Mr. Bentley W. Warren and Mr. Howard Stockton, Jr., were on the brief, for petitioner.

Mr. Frederick H. Nash, with whom Mr. Charles F. Choate, Jr., was on the brief, for respondents.

MR. JUSTICE HOLMES delivered the opinion of the court.

This case comes here upon the report of a master asking the court to decide whether two claims are provable. The first is upon a lease made by the petitioner to William S. Butler & Company. Receivers were appointed for the William S. Butler & Company corporation on November 7, 1912. At that time the winding up of the company was not contemplated by the bill or decree, but the object was to preserve the...

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