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MEIKLE v. DRAIN

No. 7288.

69 F.2d 290 (1934)

MEIKLE v. DRAIN et al. In re FRED HERRICK LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

February 23, 1934.

Attorney(s) appearing for the Case

Fabian B. Dodds, of Spokane, Wash., and Sidney Teiser, of Portland, Or., for appellant.

Post, Russell, Davis & Paine, of Spokane, Wash., and W. B. McFarland, of Cœur d'Alene, Idaho, for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

Plaintiff brought this action to recover $10,220 paid by the Fred Herrick Lumber Company, a bankrupt, to the First Exchange National Bank of Coeur d'Alene, Idaho, on October 5, 1928.

It is alleged in the first cause of action stated in the complaint that this payment was made within four months prior to January 14, 1929, when the Fred Herrick Lumber Company's voluntary petition in bankruptcy was filed, and that at the time the payment...

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