HOUGH v. ATCHISON, T. & S. F. RY. CO.

No. 25.

34 F.2d 238 (1929)

HOUGH v. ATCHISON, T. & S. F. RY. CO. In re Z. J. FORT-TIDWELL CO.

Circuit Court of Appeals, Tenth Circuit.

July 26, 1929.


Attorney(s) appearing for the Case

Frederick P. Cranston, of Denver, Colo., for appellant.

Erl H. Ellis, of Denver, Colo. (Grant, Ellis, Shafroth & Toll, of Denver, Colo., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

This is an action by a trustee in bankruptcy to recover a preference which he alleges to be voidable. The lower court found against him, and he appeals.

The facts are not in substantial dispute. The Z. J. Fort-Tidwell Company was adjudged a bankrupt on December 10, 1926. It had been engaged in the business of producing, packing, and marketing vegetables, fruit, and produce, in Colorado and Arizona, with its headquarters at Denver...

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