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DRYDEN v. MICHIGAN STATE INDUSTRIES

No. 9644.

66 F.2d 950 (1933)

DRYDEN v. MICHIGAN STATE INDUSTRIES et al. In re NICHOLS WIRE, SHEET & HARDWARE CO.

Circuit Court of Appeals, Eighth Circuit.

July 20, 1933.

Attorney(s) appearing for the Case

Joseph T. Owens, of Kansas City, Mo. (Maurice H. Winger and Leland Hazard, both of Kansas City, Mo., on the brief), for appellant.

L. L. Watts, of Kansas City, Mo., and Brauer, Bascom & Gerwitz, of St. Louis, Mo., for appellee.

Before STONE and WOODROUGH, Circuit Judges, and MUNGER, District Judge.

STONE, Circuit Judge.

Nichols Wire, Sheet & Hardware Company, being in receivership, the state of Michigan, operating under the name of Michigan State Industries, filed a claim based upon money due on a consignment of binding twine sent to the above company. There is no contest over the amount due. The entire controversy is over giving the claim priority of payment. Priority was urged upon the basis of an equitable lien upon the proceeds coming into the hands...

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