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GIRAND v. KIMBELL MILLING CO.

No. 9600.

116 F.2d 999 (1941)

GIRAND v. KIMBELL MILLING CO. et al.

Circuit Court of Appeals, Fifth Circuit.

January 14, 1941.

Attorney(s) appearing for the Case

F. D. Brown, of Lubbock, Tex., for appellant.

H. D. Payne, Charles Kassel, and Melvin F. Adler, all of Fort Worth, Tex., for appellees.

Before SIBLEY and HOLMES, Circuit Judges, and DAWKINS, District Judge.

SIBLEY, Circuit Judge.

Girand as trustee in bankruptcy of Boothe Mill & Elevator, Inc., sued Kimbell Milling Company in the district court to recover a preference alleged to have been received in the sale of certain wheat of the bankrupt three weeks before bankruptcy. Kimbell Milling Company was also sued in a State court by and in behalf of persons claiming to own some of the wheat, alleging its conversion by the sale. Kimbell Milling Company moved to dismiss...

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