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SCHALLERN DRUG CO. v. McCABE

No. 6605.

2 F.2d 856 (1924)

SCHALLERN DRUG CO. v. McCABE.

Circuit Court of Appeals, Eighth Circuit.

December 11, 1924.

Attorney(s) appearing for the Case

J. A. Hyland, of Bismarck, N. D. (T. J. Krause, of Mandan, N. D., on the brief), for appellant.

Edward B. Cox, of Bismarck, N. D. (O'Hare & Cox, of Bismarck, N. D., on the brief), for appellee.

Before STONE and KENYON, Circuit Judges, and FARIS, District Judge.

STONE, Circuit Judge.

This is an appeal from an order of the trial court affirming the disallowance by the referee in bankruptcy of a preference claimed by appellant on account of a chattel mortgage covering a stock of drugs. The referee held that the mortgage was void as to the general creditors of the bankrupt for two reasons: First, that it operated as a preference under the Bankruptcy Law (Comp. St. §§ 9585-9656...

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