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HALF MOON FRUIT & PRODUCE CO. v. FLOYD

No. 6744.

60 F.2d 799 (1932)

HALF MOON FRUIT & PRODUCE CO. v. FLOYD.

Circuit Court of Appeals, Ninth Circuit.

August 15, 1932.

Attorney(s) appearing for the Case

Dreher & McClellan and Reuben G. Hunt, both of San Francisco, Cal., for appellant.

Ernest J. Torregano and Charles M. Stark, both of San Francisco, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.

WILBUR, Circuit Judge.

Appellant filed a claim for $51,101.53 in the matter of the bankruptcy of E. C. Bauman. The trustee in bankruptcy objected to the allowance of the claim unless and until the claimant should relinquish an alleged preference of $10,551.45 which it had received by the sale of 75 cars of melons belonging to the bankrupt and consigned to the appellant for sale. The referee sustained the trustee's objections and upon appeal from this determination...

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