SEARS v. SCHLOTZHAUER

No. 9131.

106 F.2d 952 (1939)

SEARS v. SCHLOTZHAUER et al.

Circuit Court of Appeals, Ninth Circuit.

October 19, 1939.


Attorney(s) appearing for the Case

T. N. Harvey, C. W. Johnston, and Claude F. Baker, all of Bakersfield, Cal., and D. Bianco, of San Francisco, Cal., for appellant.

Brittan & Mack and M. G. Brittan, all of Bakersfield, Cal., and David E. Peckinpah and L. N. Barber, both of Fresno, Cal., for appellees.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a judgment against a trustee in bankruptcy in his suit to recover from appellees certain moneys paid appellee Schlotzhauer by the bankrupt, which the trustee contends was a preference payment recoverable under the provisions of Section 60, sub. b, of the Bankruptcy Act as amended in 1910. 11 U. S.C. (1934 Ed.) § 96, sub. b, 11 U.S.C.A. § 96, sub. b.

It is not questioned that at the time of the payment...

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