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MARTIN-GLOVER CO. v. MAYS

No. 7454.

74 F.2d 104 (1934)

MARTIN-GLOVER CO. et al. v. MAYS et al.

Circuit Court of Appeals, Fifth Circuit.

December 11, 1934.

Attorney(s) appearing for the Case

Lloyd Kerr, of San Angelo, Tex., for appellants.

E. S. Cummings, of Abilene, Tex., and I. J. Curtsinger and Clif Tupper, Jr., both of San Angelo, Tex., for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

This appeal is from a judgment of the District Court which confirmed that of the Referee disallowing as secured a part of a claim filed against the bankrupt estate of Thomson & Simpson by Martin-Glover Company as assignee of A. W. Thomson. It falls under 11 USCA § 48 and opens up both questions of law and of fact. We must therefore look to the evidence rather than the findings made below. It appears that Thomson & Simpson were contractors...

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