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HENDERSON v. BINKLEY COAL CO.

No. 5176.

74 F.2d 567 (1935)

HENDERSON v. BINKLEY COAL CO.

Circuit Court of Appeals, Seventh Circuit.

January 3, 1935.

Attorney(s) appearing for the Case

Morton C. Embree and Charles O. Baltzell, both of Princeton, Ind., for appellant.

Henry Adamson, Russell Blair, James H. Adamson, and Lloyd C. Adamson, all of Terre Haute, Ind., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge.

This appeal, which is from a decree dismissing appellant's bill to set aside, for alleged fraud, a contract executed by appellee and the bankrupt, Francisco Coal, Inc., presents two basic and determinative questions, viz.: (a) The right of the trustee of the bankrupt to maintain a suit to set aside a contract and recover damages by reason of the alleged fraud of the appellee; and (b) the sufficiency of the allegations of the complaint to state...

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