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ESSEX NAT. BANK v. HURLEY

No. 2060.

16 F.2d 427 (1926)

ESSEX NAT. BANK v. HURLEY.

Circuit Court of Appeals, First Circuit.

December 18, 1926.

Attorney(s) appearing for the Case

James P. Cleary, of Haverhill, Mass. (John J. Ryan and Ryan & Cleary, all of Haverhill, Mass., on the brief), for appellant.

John W. Morgan, of Lynn, Mass. (Murray Brown, of Lynn, Mass., on the brief), for appellee.

Before BINGHAM and JOHNSON, Circuit Judges, and MORRIS, District Judge.

MORRIS, District Judge.

The plaintiff, appellee, trustee in bankruptcy of Atwood & Gardner, Inc., a Massachusetts corporation, brings this bill under the provisions of section 60b of the Bankruptcy Act, of July 1, 1898, and amendments thereto (Comp. St. § 9644), to recover two alleged preferential payments made by Atwood & Gardner, Inc., to the Essex National Bank.

The evidence establishes the following facts:

The bankrupt, Atwood &...

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