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UNITED STATES FIDELITY & GUARANTY CO. v. SWEENEY

No. 10280.

80 F.2d 235 (1935)

UNITED STATES FIDELITY & GUARANTY CO. v. SWEENEY et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 10, 1935.

Attorney(s) appearing for the Case

James A. Potter, of Jefferson City, Mo. (W. T. Ragland, of Jefferson City, Mo., and James E. Garstang and Carter & Jones, all of St. Louis, Mo., on the brief), for appellant.

Hampton Tisdale and La Roy O. Schaumburg, both of Booneville, Mo., for appellee Sweeney.

Before GARDNER, WOODROUGH, and FARIS, Circuit Judges.

GARDNER, Circuit Judge.

This is a suit in equity brought by the trustee in bankruptcy of Lahar Construction Company, a corporation, to set aside as fraudulent, preferential, and without consideration, an alleged transfer of $5,860.98 of the bankrupt's funds to appellant. The decree adjudged that the trustee in bankruptcy "be and he is hereby vested with full and complete right of possession in and to" the account in which the funds were deposited. The bank, the Central...

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