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MAR-TEX REALIZATION CORPORATION v. WOLFSON

No. 38.

145 F.2d 360 (1944)

MAR-TEX REALIZATION CORPORATION v. WOLFSON.

Circuit Court of Appeals, Second Circuit.

November 2, 1944.

Attorney(s) appearing for the Case

Julius Lerner, of New York City (Meyer Dvorkin, of New York City, on the brief), for appellant.

John A. Kelly, of New York City (Milbank, Tweed & Hope and Thomas P. Farley, all of New York City, on the brief), for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

In September, 1937, appellant Wolfson brought action in the Supreme Court of the State of New York to recover $12,199.67 of the Mar-Tex Oil Company as unpaid balance of the purchase price of 64 shares of stock of Tex Holdings, Inc., sold by him to the Company the previous year. Pursuant to a warrant of attachment issued in that action, the Sheriff of New York County levied on funds of the defendant in the amount of $4,770.34. These funds, still...

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