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IN RE F. MacKINNON MFG. CO.

No. 3953.

24 F.2d 156 (1928)

In re F. MacKINNON MFG. CO. NORTHERN BOND & MORTGAGE CO. v. KING.

Circuit Court of Appeals, Seventh Circuit.

February 23, 1928.

Attorney(s) appearing for the Case

C. W. Lomas, of Green Bay, Wis., for appellant.

R. B. Graves, of Wisconsin Rapids, Wis., for appellee.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

EVAN A. EVANS, Circuit Judge.

Appellant filed its claim against the bankrupt estate of F. MacKinnon Manufacturing Company for $36,500, plus interest, and sought its allowance, and also its prior payment, out of a fund realized from the sale of a part of the bankrupt's assets upon which it asserted a first mortgage lien. The referee allowed the claim in full, but denied its preference. The District Court approved this ruling.

The essential facts are few and...

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