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FIRST NAT. BANK OF NEGAUNEE v. FOX

No. 8410.

111 F.2d 810 (1940)

FIRST NAT. BANK OF NEGAUNEE v. FOX.

Circuit Court of Appeals, Sixth Circuit.

May 13, 1940.

Attorney(s) appearing for the Case

Clarence E. Lott, of Phoenix, Ariz., for appellant.

Ellis B. Merry, of Detroit, Mich. (Bulkley, Ledyard, Dickinson & Wright, of Detroit, Mich., on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

This is an appeal from a summary order in bankruptcy holding that appellant had received a voidable preference of $2,677.30 (11 U.S.C.A. § 96; 52 Stat. 869) and ordering its payment to the appellee, Abbott M. Fox, temporary trustee of the Weidman Lumber Company, debtor.

The facts are substantially as follows: On December 21, 1937, the debtor owed to the appellant, a national banking association, two promissory notes totalling...

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