FOSTER, Circuit Judge.
Hill, Sollie & Richie, Inc., was adjudicated bankrupt March 7, 1923. Thereafter its trustee, appellee herein, filed suit to recover an amount of $5,000 alleged to have been received by the Exchange National Bank, appellant, as a preference. The case was referred to a special master to take the evidence and report his findings of fact and conclusions of law. In due course he did so, finding as facts that appellant knew it was being preferred...
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