JOHNSON, District Judge.
This is an action of assumpsit by the trustee in bankruptcy of Tyson Brothers, Incorporated, to recover from the defendant the sum of $84,793.68, with interest, being the proceeds of certain apples sold by the defendant for the account of the bankrupt within four months of the adjudication in bankruptcy on the claim that the retention of the money by the defendant constitutes a "voidable preference" as defined by the bankruptcy act.
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