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EMPORIA LOAN & INVESTMENT CO. v. REES

No. 797.

66 F.2d 225 (1933)

EMPORIA LOAN & INVESTMENT CO. v. REES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 14, 1933.

Attorney(s) appearing for the Case

Gilbert H. Frith, of Emporia, Kan., for appellant.

S. M. Brewster, of Topeka, Kan., for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.

POLLOCK, District Judge.

This action was brought by Rees, as trustee of the Trusler Grain Company, bankrupt, to recover certain sums of money from the Emporia State Bank and the Emporia Loan & Investment Company. The complaint contained three counts, each of which alleged voidable preferential payments made prior to the adjudication. The bank went out on demurrer. The case against the loan company was tried to a jury. At the close of all the evidence motions for...

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