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McCUNE v. FIRST NAT. TRUST & SAVINGS BANK

No. 9270.

109 F.2d 887 (1940)

McCUNE et al. v. FIRST NAT. TRUST & SAVINGS BANK OF SANTA BARBARA et al. SAME v. SMITHERAM et al. In re MORTGAGE SECURITIES, INC., OF SANTA BARBARA.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 28, 1940.

Attorney(s) appearing for the Case

T. H. Canfield, of Santa Barbara, for appellants.

W. P. Butcher, of Santa Barbara, Cal., for appellees First Nat. Trust & Savings Bank et al.

W. P. Butcher and Stanley Tomlinson, both of Santa Barbara, Cal., for appellees Smitheram, Squier and Goux.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

HANEY, Circuit Judge.

Appeals have been taken from orders denying a petition to vacate an adjudication in bankruptcy, and granting a petition to intervene.

On May 9, 1938, the First National Trust and Savings Bank of Santa Barbara, hereafter called the national bank, one Hoefer, one Davidson and his wife, filed a petition in the court below praying that Mortgage Securities, Inc., a California corporation, hereafter called the bankrupt, be adjudged bankrupt...

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