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LOCKHART v. MERCER TUBE & MFG. CO.

Civ. No. 346.

53 F.Supp. 301 (1943)

LOCKHART v. MERCER TUBE & MFG. CO. et al.

District Court, D. Delaware.

December 23, 1943.

Attorney(s) appearing for the Case

Max Schwartz (of Duberstein & Schwartz), of New York City, David S. Keil, of Wilmington, Del., and Harry Mesard, of New York City, for plaintiff Albert M. Lockhart, trustee in bankruptcy.

Aaron Finger (of Richards, Layton & Finger), of Wilmington, Del., William Piel, Jr. (of Sullivan & Cromwell), of New York City, Elder W. Marshall (of Reed, Smith, Shaw & McClay), of Pittsburgh, Pa., and Louis J. Wiesen, of Sharon, Pa., for defendants.

LEAHY, District Judge.

This is an action in rem under Sec. 57 of the Judicial Code, 28 U.S.C.A. § 118, to recover 550 shares1 of stock of Mercer Tube & Manufacturing Company, a Delaware corporation.2 Plaintiff, appointed in the Eastern District of New York, is trustee for one Greenberg, a bankrupt. Plaintiff charges Greenberg formerly owned the shares in suit but transferred them with intent to defraud...

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