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IN RE ZAFERIS BROS. & CO.

No. 7040.

67 F.2d 140 (1933)

In re ZAFERIS BROS. & CO., Limited. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N v. SMALL.

Circuit Court of Appeals, Ninth Circuit.

September 16, 1933.

Attorney(s) appearing for the Case

Louis Ferrari, of San Francisco, Cal., and Edmund Nelson and G. L. Berrey, both of Los Angeles, Cal., for appellant.

Torregano & Stark and August B. Rothschild, all of San Francisco, Cal., for appellee.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

MACK, Circuit Judge.

Appeal from an order of the District Court affirming an order of the referee disallowing a proved claim for $12,300 (all amounts are in round numbers) against the bankrupt until appellant should have surrendered an alleged preference of $8,500. Appellant's claim was based on a note of the bankrupt for $10,000 and an overdraft in the latter's account for the balance of $2,300. A few weeks before the petition in bankruptcy

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