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IN RE F. A. WHITNEY CARRIAGE COMPANY

No. 350-52.

173 F.Supp. 709 (1953)

In the Matter of F. A. WHITNEY CARRIAGE COMPANY.

United States District Court D. Massachusetts.

November 30, 1953.

Attorney(s) appearing for the Case

Joseph Kruger, Phipps, Durgin & Cook, Cohn, Riemer & Pollack, Boston, Mass., for trustees.

Richard L. Brickley, Brickley, Sears & Cole, Boston, Mass., for bankrupt.

Henry Alpern, Boston, Mass., for Edward M. Fels.

SWEENEY, Chief Judge.

This bankruptcy case comes before me on the certificate of the Referee calling for a review of his decision.

The real question presented is whether a Trustee in Bankruptcy can defeat the right of a mortgagee to recover under his mortgage merely because of failure to comply with the Massachusetts General Laws (Ter.Ed.), Chapter 63, Section 76. The other subsidiary questions are whether or not interest, if allowed, should be limited to...

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