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BANK OF AMERICA, NAT. TRUST & SAVINGS ASS'N v. LERER

No. 7508.

77 F.2d 758 (1935)

BANK OF AMERICA, NAT. TRUST & SAVINGS ASS'N v. LERER.

Circuit Court of Appeals, Ninth Circuit.

May 20, 1935.

Attorney(s) appearing for the Case

Torregano & Stark and Charles M. Stark, all of San Francisco, Cal., for appellant.

Eli Freed, of San Francisco, Cal., for appellee.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

WILBUR, Circuit Judge.

On April 26, 1933, one Thanos D. Lagios, doing business under the fictitious name of Standard Dairy Products Company, Limited, filed a voluntary petition in bankruptcy. Upon liquidation there was not sufficient funds to pay the claims of the creditors in full. For the four months preceding the filing of the petition, the bankrupt was unable to pay his debts, and his liabilities exceeded his assets over that period of time. The bankrupt was indebted...

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