GARRISON v. JOHNSON

No. 778.

66 F.2d 227 (1933)

GARRISON et al. v. JOHNSON et al.

Circuit Court of Appeals, Tenth Circuit.

July 3, 1933.


Attorney(s) appearing for the Case

Fred Hinkle, of Wichita, Kan., for appellant.

W. H. Carpenter, of Marion, Kan., for appellees.

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


POLLOCK, District Judge.

This is an appeal from an order of a referee in bankruptcy allowing the claim of a receiver of a state bank in Kansas as preferred and giving it priority over the claims of general creditors of the bankrupt. On certification the bankruptcy court approved the order.

The referee held that under the facts that part of section 64b (5) of the Bankruptcy Act, 11 USCA § 104(b) (5) applied, and that the claim of the receiver was not nullified...

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