DRYBROUGH v. WARE

No. 8222.

111 F.2d 548 (1940)

DRYBROUGH v. WARE. In re BAVARIAN BREWING CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

May 8, 1940.


Attorney(s) appearing for the Case

John Marshall, Jr., of Louisville, Ky. (D. A. Sachs, Jr., and Peter, Heyburn, Marshall & Wyatt, both of Louisville, Ky., on the brief), for appellant.

Orie S. Ware, of Covington, Ky. (Sawyer A. Smith, of Covington, Ky., on the brief), for appellee.

Before SIMONS, HAMILTON, and ARANT, Circuit Judges.


HAMILTON, Circuit Judge.

Appellant, Frederick W. Drybrough, Trustee, was a mortgagee of the Bavarian Brewing Company, a corporation liquidated in a bankruptcy proceeding pursuant to Section 77B of the National Bankruptcy Act, 11 U.S.C.A. § 207.

The debtor was engaged in operating a brewery at Covington, Kentucky, and under the orders of the court, all of its assets, except cash, were sold in bulk for $55,000 at public sale, free of liens. It had $2,900...

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