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IN RE BENDER BODY CO.

No. 9423.

139 F.2d 128 (1943)

In re BENDER BODY CO. MIDLAND STEEL & EQUIPMENT CO. et al. v. WELLS.

Circuit Court of Appeals, Sixth Circuit.

December 1, 1943.

Attorney(s) appearing for the Case

B. D. Nicola, of Cleveland, Ohio (Nicola & Horn and B. D. Nicola, all of Cleveland, Ohio, on the brief), for appellants.

Paul Clarke, of Cleveland, Ohio (Henry B. Johnson and Paul Clarke, both of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

On October 7, 8 and 9, 1941, appellee, Hugh Wells, Trustee in Bankruptcy of the Bender Body Company, sold certain property of the bankrupt at auction. Appellants, Midland Steel & Equipment Company, and Michael Tauber & Company, by their representatives, entered into competitive bidding and as highest bidders became the purchasers of three lots of second-hand machine tools. Their bids were approximately $5,000 in excess of the "ceiling...

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