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STANDARD IRON WORKS v. STOOKEY

No. 4382.

45 F.2d 1019 (1930)

STANDARD IRON WORKS et al., Appellants, v. Geo. E. STOOKEY and Wilbur Trescott, Trustee of Construction Service Co., Bankrupt, Appellees.

Circuit Court of Appeals, Third Circuit.

December 4, 1930.

Attorney(s) appearing for the Case

Walter L. Hill and Leo G. Knoll, both of Scranton, Pa., for appellants.

Clarence Balentine, of Scranton, Pa., and Joseph E. Fleitz, of Wilkes-Barre, Pa., for appellees.

Before BUFFINGTON and DAVIS, Circuit Judges, and THOMPSON, District Judge.

BUFFINGTON, Circuit Judge.

In this case the trustee in bankruptcy, after notice to creditors and hearing by the referee and in pursuance of his order, sold to Stookey, the appellee, the interest of the bankrupt in a building contract. Thereafter Stookey paid the purchase money to the trustee, who still retains it. Eight months later the appellants, creditors of the bankrupt, petitioned the referee to set the sale aside on the ground of alleged fraud and concealment...

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