SMITH v. BUCYRUS CO.

No. 5489.

31 F.2d 514 (1929)

SMITH v. BUCYRUS CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 3, 1929.


Attorney(s) appearing for the Case

F. W. Davies, of Birmingham, Ala. (Coleman, Coleman, Spain & Stewart, of Birmingham, Ala., on the brief), for appellant.

Roger Sherman Hoar, of South Milwaukee, Wis., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

On May 4, 1928, an involuntary petition in bankruptcy was filed against S. C. Taylor. On the same day appellant was appointed receiver, and later trustee in bankruptcy. Appellee intervened and claimed a steam shovel to which it had retained title on a conditional sale to Taylor. The petition of intervention was dismissed by the referee, but was allowed by the District Judge in an order from which this appeal is taken by the trustee. The receiver...

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