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IN RE WINDSOR SQUARE DEVELOPMENT

No. 7765.

91 F.2d 493 (1937)

In re WINDSOR SQUARE DEVELOPMENT, Inc. BARRINGER et al. v. LILLEY et al.

Circuit Court of Appeals, Ninth Circuit.

July 2, 1937.

Attorney(s) appearing for the Case

Wm. H. Mackay and John L. Gust, both of Phœnix, Ariz. (Ellinwood & Ross and Kibbey, Bennett, Gust, Smith & Rosenfeld, all of Phœnix, Ariz., of counsel), for appellant.

Thomas W. Nealon and Alice M. Birdsall, both of Phœnix, Ariz., for appellee Lilley, trustee.

Thos. Armstrong, Jr., R. Wm. Kramer, J. E. Morrison, Walter Roche, and Frank J. Duffy, all of Phœnix, Ariz., for appellee Central Arizona Light Co.

Cunningham & Carson, of Phœnix, Ariz., for appellee Grose.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

WILBUR, Circuit Judge.

On October 25, 1930, the Windsor Square Development, Inc., filed a voluntary petition in bankruptcy, and on October 28, 1930, was adjudicated a bankrupt. On June 6, 1931, appellee George E. Lilley, trustee in bankruptcy, filed a petition entitled, "Trustee's petition to marshal liens and sell property free and clear of encumbrances." In this petition he alleged that among the assets belonging to the estate of the bankrupt and in the trustee...

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