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Esbitt v. Paul L. Forchheimer Co.

United States Court of Appeals, Second Circuit
Mar 6, 1962
300 F.2d 153 (2d Cir. 1962)

Opinion

No. 240, Docket 27305.

Argued February 21, 1962.

Decided March 6, 1962.

Jacob Freed Adelman, New York City (Garfield, Salomon Mainzer), New York City (Elliott J. Solomon, New York City, of counsel), for respondent-appellant.

Joseph Levine, New York City (Weitzner Rosenblatt), New York City, for petitioner-appellee.

Before MOORE, FRIENDLY and MARSHALL, Circuit Judges.


As the District Judge recognized, the stipulation whereby the property was turned over for Forchheimer to hold in a separate account largely met the need for which the injunction had initially been sought. Yet determination of the propriety of the injunction necessarily involves at least preliminary consideration of the locus of title to the property when the receiver was appointed. Under the circumstances we see no sufficient reason for requiring the courts to consider this issue twice. Accordingly the injunction is vacated to the extent that it goes beyond preserving the stipulation dated July 21, 1961, in effect pending the final determination of an action, to be timely brought by the receiver, to settle the rights of the parties with respect to the property described in the stipulation. Any problems with respect to investment of the proceeds of the property can be taken up with the District Court as provided in paragraph 7 of the stipulation. No costs on these appeals.


Summaries of

Esbitt v. Paul L. Forchheimer Co.

United States Court of Appeals, Second Circuit
Mar 6, 1962
300 F.2d 153 (2d Cir. 1962)
Case details for

Esbitt v. Paul L. Forchheimer Co.

Case Details

Full title:William ESBITT, Receiver of Arlee Associates, Inc., et al.…

Court:United States Court of Appeals, Second Circuit

Date published: Mar 6, 1962

Citations

300 F.2d 153 (2d Cir. 1962)

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