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McDONALD v. FIRST NAT. BANK OF ATTLEBORO

No. 2852.

70 F.2d 69 (1934)

McDONALD v. FIRST NAT. BANK OF ATTLEBORO.

Circuit Court of Appeals, First Circuit.

April 4, 1934.

Attorney(s) appearing for the Case

Mark M. Horblit, of Boston, Mass. (Walter J. MacDonald, of Brockton, Mass., on the brief), for appellant.

J. N. Welch, of Boston, Mass. (Anthony Brayton and Hale & Dorr, all of Boston, Mass., on the brief), for appellee.

Before WILSON and MORTON, Circuit Judges, and PETERS, District Judge.

MORTON, Circuit Judge.

The question is whether a mortgage given by the bankrupt to the defendant bank is valid as against the trustee. The referee held the mortgage invalid; the District Judge held it valid; and the case is here on appeal by the trustee. The facts are as follows:

The Hotel Company is a Massachusetts corporation. It owned certain real estate consisting of land and a hotel building in North Attleboro, Mass., and also the fixtures, furnishings...

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