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FIRST NAT. BANK OF CAPE GIRARDEAU v. LUFCY

No. 8236.

34 F.2d 417 (1929)

FIRST NAT. BANK OF CAPE GIRARDEAU v. LUFCY.

Circuit Court of Appeals, Eighth Circuit.

August 17, 1929.

Attorney(s) appearing for the Case

B. C. Hardesty, of Cape Girardeau, Mo. (A. T. Welborn, of Bloomfield, Mo., and Rush H. Limbaugh, of Cape Girardeau, Mo., on the brief), for appellant.

A. Sloan Oliver, of St. Louis, Mo. (O. A. Knehans, of Cape Girardeau, Mo., and A. M. Frumberg, of St. Louis, Mo., on the brief), for appellee.

Before KENYON, Circuit Judge, and JOHNSON and McDERMOTT, District Judges.

JOHNSON, District Judge.

On May 12, 1927, the court below, in the matter of the estate of D. F. Walser, bankrupt, in which appellee was trustee, on petition of appellant made the following order:

"The petition of said bank for an order on said trustee to refund said estate $1,500 unlawfully paid to the bankrupt and to pay from the funds of the estate $1,500 to said bank, having been heretofore taken up and heard together with evidence adduced thereon and argument...

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