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BENEKE v. MOSS

No. 3046.

46 F.2d 948 (1931)

BENEKE et al. v. MOSS. In re MOSS.

Circuit Court of Appeals, Fourth Circuit.

February 9, 1931.

Attorney(s) appearing for the Case

Howard D. Matthews, of Wheeling, W. Va. (Handlan, Garden & Matthews, J. Bernard Handlan, and G. Alan Garden, all of Wheeling, W. Va., on the brief), for appellant bankrupt.

B. S. Honecker, of Wheeling, W. Va., for appellant trustee.

James B. Riley and Robert J. Riley, both of Wheeling, W. Va. (Riley & Riley and T. S. Riley, all of Wheeling, W. Va., on the brief), for appellee.

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

McCLINTIC, District Judge.

Joel E. Moss was duly adjudged a bankrupt, and George C. Beneke was duly appointed trustee of the bankrupt estate. Then a very unusual situation in this matter appears. There was a surplus of assets after all the claims filed and allowed were paid in full, and there is sufficient funds in the hands of the trustee to pay in full the claim herein asserted. Sarah T. Moss, the wife of Joel E. Moss, the bankrupt, filed in due form and time certain...

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