MASUTH
v.
INDIANA

U.S. | 1955-08-04
No. 10
350 U.S. 801 Supreme Court of the United States (1955) Positive Treatment
Cited by 2 cases

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  • …nticipated judgment. We think it less clear, however, that the order to post bond was a "seizure” within the meaning of Rule 64 — even though, as with the escrow order in Halpert v. Engine Air Service, 212 F. 2d 860, 863 (2d Cir.1954), cert. dism'd, 350 U.S. 801, 75 S.Ct. 907, 100 L.Ed. 721 (1955), it "savored of an attachment.” See also Trustees of HMG, 672 F. 2d at 251 (bonding order comprises imposition of provisional remedy "indistinguishable from ... attachment order”). We need not probe the point more…
  • …Judge Major, and held Rule 65(c) not to be applicable in a plenary action by a bankruptcy trustee, in Halpert v. Engine Air Service, 2 Cir., 1954, 212 F. 2d 860, certiorari granted, 348 U.S. 854, 75 S.Ct. 79, 99 L.Ed. 673, dismissed by stipulation, 350 U.S. 801, 75 S.Ct. 907, 100 L.Ed. 721. In doing so it stated, Note 2, at page 863 of 212 F. 2d: “The case of Chatz v. Freeman, 7 Cir., 204 F. 2d 764, cited by neither party, is in direct conflict with our conclusion expressed above. How [*745] ever, this w…

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