IN RE THEODORE A. KOCHS CO.

No. 7555.

120 F.2d 603 (1941)

In re THEODORE A. KOCHS CO. et al. EFAICH CO. v. WICK et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 19, 1941.


Attorney(s) appearing for the Case

Isaac M. Mills and Harry H. Ruskin, both of Chicago, Ill., for appellant.

Leo J. Powers, of Chicago, Ill., for appellee.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


KERNER, Circuit Judge.

The petitioner, Efaich Company, purchaser of a real estate mortgage executed by the bankrupt, Theo. A. Kochs Company, claimed a lien on the plant machinery and equipment located on the premises or in the alternative asked to have the lien attach to proceeds of a sale consummated by the respondent, the trustee in bankruptcy. The referee in bankruptcy denied the claim, the District Court made an order approving the referee's findings and decision...

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