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EMPORIA LOAN & INVESTMENT COMPANY v. REES

No. 797.

66 F.2d 789 (1933)

EMPORIA LOAN & INVESTMENT COMPANY v. REES.

Circuit Court of Appeals, Tenth Circuit.

September 14, 1933.

Attorney(s) appearing for the Case

Gilbert H. Frith and O. R. Stites, both of Emporia, Kan., and Douglas Hudson, of Fort Scott, Kan., for appellant.

Oliver T. Atherton, of Emporia, Kan., and Bennett R. Wheeler, S. M. Brewster, John L. Hunt, Margaret McGurnaghan, and Ralph M. Hope, all of Topeka, Kan., for appellee.

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

PHILLIPS, Circuit Judge.

Counsel for the Investment Company urge that under the pleadings the court should have instructed the jury to allow as an offset the value of certain bonds held by it as collateral for the debt of the Trusler Company and surrendered by the Investment Company to the Trusler Company at the time of the preferential payment. The difficulty with counsel's position is that this record does not disclose that counsel either requested such an instruction...

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