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WINCHESTER-SIMMONS CO. v. PHILLIPS

No. 4841.

16 F.2d 109 (1926)

WINCHESTER-SIMMONS CO. v. PHILLIPS et al.

Circuit Court of Appeals, Fifth Circuit.

December 9, 1926.

Attorney(s) appearing for the Case

Gerald FitzGerald, of Clarksdale, Miss. (Maynard, FitzGerald & Venable, of Clarksdale, Miss., and Osborn & Witty, of Greenwood, Miss., on the brief), for petitioner.

J. L. Roberson, of Clarksdale, Miss. (J. L. Roberson and Roberson, Yerger & Cook, all of Clarksdale, Miss., on the brief), for respondents.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

The Sommers Hardware Company, a corporation which was engaged in the retail hardware business in Clarksdale, Miss., was adjudged bankrupt on December 19, 1925, on an involuntary petition filed on that date. Under an order made by the referee, the bankrupt's fixtures and stock of goods were sold. The petitioner, which recovered a money judgment against the bankrupt on February 18, 1925, and had that judgment enrolled more than four months prior...

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