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CALHOUN v. STRATTON

No. 6139.

61 F.2d 302 (1932)

CALHOUN et al. v. STRATTON et al.

Circuit Court of Appeals, Sixth Circuit.

October 14, 1932.

Attorney(s) appearing for the Case

C. L. Marsilliot, of Memphis, Tenn., for appellants.

Howell J. Mueller, of San Antonio, Tex. (Hirshberg, Mueller, Powell & Green, Edward A. Sibley, and Howell J. Mueller, all of San Antonio, Tex., on the brief), for appellees.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

On July 14, 1930, appellants, Calhoun and Hanover, attorneys, filed a petition in bankruptcy on behalf of certain creditors against Clarence Saunders Stores, Inc. The petition alleged that, while insolvent, Saunders Stores, Inc., had made a preferential payment to Maury-Cole Company. On the same date on behalf of these creditors appellants sought the appointment of a receiver. Saunders Stores, Inc., answered and admitted

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