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CITIZENS' NAT. BANK OF GASTONIA, N. C. v. LINEBERGER

No. 3017.

45 F.2d 522 (1930)

CITIZENS' NAT. BANK OF GASTONIA, N. C., v. LINEBERGER. In re KIRBY-WARREN CO.

Circuit Court of Appeals, Fourth Circuit.

November 17, 1930.

Attorney(s) appearing for the Case

E. T. Cansler, of Charlotte, N. C. (A. C. Jones, of Gastonia, N. C., and Cansler & Cansler, E. T. Cansler, Sr., and M. C. Moysey, all of Charlotte, N. C., on the brief), for appellant.

P. W. Garland, of Gastonia, N. C., and Charles W. Tillett, Jr., of Charlotte, N. C. (Tillett, Tillett & Kennedy, of Charlotte, N. C., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and GRONER, District Judge.

PARKER, Circuit Judge.

This is an appeal in an action at law instituted by the trustee in bankruptcy of the Kirby-Warren Company to recover alleged preferences given to the Citizens' National Bank of Gastonia, N. C. The learned trial judge directed a verdict in favor of the trustee, and from judgment thereon the bank has appealed.

The Kirby-Warren Company, a mercantile corporation of Gastonia, N. C., in March, 1927, found itself in financial difficulties and...

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