Legal Opinion
In Re McMillan, Rapp & Co.
Court of Appeals for the Third Circuit
Decided November 3, 1941No. 7720-7723PublishedCited by 20 opinions
1Opinion of the Court
JONES, Circuit Judge.
The trustee of McMillan, Rapp & Company, bankrupt, appeals from four separate decrees of the District Court awarding to each of four customers of the bankrupt reclamation of securities which they had severally purchased through the bankrupt but which remained in the bankrupt’s possession at the date of bankruptcy.
In so far as the facts are legally significant, they are substantially the same with respect to the claims of three of the customers, viz., Leaver (No. 7720), Weiss (No. 7721) and Thomas (No. 7722). Moreover, the factual differences, which will be noted, with…
2Cases cited4 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- Lavien v. NormanCourt of Appeals for the First Circuit · 1932
- Leonard v. HuntCourt of Appeals for the First Circuit · 1929
3Cited by20 opinions
- Herbert Tepper v. Frank H. Chichester, Trustee in Bankruptcy of the Estate of Bennett-Manning Co., BankruptCourt of Appeals for the Ninth Circuit · 1961
- Matthysse v. Securities Processing Services, Inc.District Court, S.D. New York · 1977
- Securities & Exchange Commission v. Albert & Maguire Securities Co.District Court, E.D. Pennsylvania · 1974
- Ravis v. Day (In Re Investors Security Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 1980
- WesBanco Bank Barnesville v. Rafoth (In re Baker & Getty Financial Services, Inc.)Court of Appeals for the Sixth Circuit · 1997
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