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PEOPLE'S NAT. BANK v. FOLTZ

No. 4902.

25 F.2d 295 (1928)

PEOPLE'S NAT. BANK OF PLYMOUTH, OHIO, v. FOLTZ.

Circuit Court of Appeals, Sixth Circuit.

April 3, 1928.

Attorney(s) appearing for the Case

L. H. Beam, of Mansfield, Ohio, for plaintiff in error.

T. A. Gruber, of Mansfield, Ohio, for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

PER CURIAM.

The bankruptcy trustee of Mrs. Willet filed a bill in the court below to recover from the bank, as an unlawful preference, a payment which the bank had received from her within four months. After answer filed, the case came on for hearing before the District Judge, who found in favor of the trustee, and directed that the amount of the preference be refunded by the bank. The first question we meet is one of practice. The proceeding was plainly begun in...

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