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

No. 9472.

114 F.2d 211 (1940)

BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N v. SAMPSELL. In re WHITEHEAD FOOD PRODUCTS CO., Inc.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 28, 1940.

Attorney(s) appearing for the Case

Louis Ferrari, of San Francisco, Cal., and Emund Nelson, Hugo A. Steinmeyer, and G. L. Berrey, all of Los Angeles, Cal., for appellant.

Craig & Weller, Frank C. Weller, and Thomas S. Tobin, all of Los Angeles, Cal. (George Gardner, of Los Angeles, Cal., of counsel), for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This appeal is from an order of the district court confirming an order of a referee in bankruptcy declaring invalid a chattel mortgage on a number of automobiles of the bankrupt.

In August, 1938, appellant loaned the bankrupt $2,200 on a promissory note secured by the mortgage, which covered eleven automobiles. The mortgage was not filed with the Department of Motor Vehicles and the mortgagee registered as owner of the cars, as required...

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