STEPHENS v. PITTSBURGH PLATE GLASS CO.

No. 5664.

36 F.2d 953 (1930)

STEPHENS v. PITTSBURGH PLATE GLASS CO.

Circuit Court of Appeals, Fifth Circuit.

January 6, 1930.


Attorney(s) appearing for the Case

George W. Bassett, of St. Augustine, Fla., for appellant.

J. T. G. Crawford and Philip S. May, both of Jacksonville, Fla., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

This is an appeal from a judgment dismissing a suit brought by a trustee in bankruptcy to set aside a preference, on the sole ground of the demurrer that a previous demand for the return of the property was not alleged. The parties will be referred to as they appeared in the District Court.

The declaration substantially alleges that J. H. Bowling filed a voluntary petition in bankruptcy on July 11, 1927, was adjudicated bankrupt, and...

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