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BANK OF CALIFORNIA v. BRAINARD

No. 4294.

3 F.2d 3 (1925)

BANK OF CALIFORNIA v. BRAINARD. In re SIMON BROS.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 26, 1925.

Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro, and Frank D. Madison, all of San Francisco, Cal., for the plaintiff in error.

Norman A. Eisner and Joseph Kirk, both of San Francisco, Cal., for the defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

The defendant in error as trustee in bankruptcy of Simon Bros., a partnership consisting of Bert Simon and Sam Simon, recovered a judgment against the plaintiff in error for $12,381.41 as a preference payment received from the assets of the bankrupts within four months prior to the filing of the petition in bankruptcy. The only question before this court is whether the trial court erred in denying the motion of the plaintiff in error for a...

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