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IN RE OTTO-JOHNSON MERCANTILE CO.

No. 915.

52 F.2d 678 (1928)

In re OTTO-JOHNSON MERCANTILE CO.

District Court, D. New Mexico.

August 31, 1928.

Attorney(s) appearing for the Case

Crampton and Darden, of Raton, N. M., and Tatum & Strong, of Dalhart, Tex., for petitioning creditors.

Easterwood & Thompson, of Clayton, N. M., for receiver in state court.

J. O. Seth, of Santa Fe, N. M., for trustee in bankruptcy.

Hunker & Noble, of East Las Vegas, N. M., for J. I. Staley.

F. S. Merriau, of Raton, N. M., for General Motors Acceptance Corporation.

Hugh B. Woodward, of Albuquerque, N. M., for bankrupt.

Joseph Gill, of Albuquerque, N. M., for certain general creditors.

PHILLIPS, District Judge.

This is a petition by the General Motors Acceptance Corporation to review an order of the referee.

The facts are not in dispute, and are as follows:

Prior to February 28, 1927, the Otto-Johnson Mercantile Company ordered from the Buick Motor Company, Denver Branch, three Buick automobiles. On February 28, 1927, the Buick Motor Company, of Flint, Michigan, shipped the three motor vehicles in question to the Mercantile Company...

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