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EVERETT v. WARFIELD MINING CO.

No. 2894.

37 F.2d 328 (1930)

EVERETT v. WARFIELD MINING CO.

Circuit Court of Appeals, Fourth Circuit.

January 14, 1930.

Attorney(s) appearing for the Case

George S. Wallace, of Huntington, W. Va. (S. A. Headley, of Cincinnati, Ohio, on the brief), for appellant

Randolph Bias, of Williamson, W. Va., and Douglas W. Brown, of Huntington, W. Va., for appellee.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

On November 22, 1922, the Williamson Pond Creek Coal Sales Company paid to the Warfield Mining Company $16,000 on account. Within four months thereafter the coal sales company was adjudged bankrupt, and, upon the mining company's filing a claim for the balance due it, this $16,000 payment was attacked as a preference. The referee held that it was a preference, but this holding was reversed by the District...

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