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COVEY v. AMERICAN DISTILLING CO.

No. 8054.

132 F.2d 453 (1943)

COVEY v. AMERICAN DISTILLING CO.

Circuit Court of Appeals, Seventh Circuit.

January 9, 1943.

Attorney(s) appearing for the Case

Irving S. Abrams and Joseph J. Karlin, both of Chicago, Ill., for appellant.

Joseph F. Bartley, Herbig Younge, and Thomas B. Kennedy, all of Peoria, Ill., for appellee.

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

SPARKS, Circuit Judge.

Ira J. Covey, Jr., Trustee in Bankruptcy of Sam Zinn, filed this action for equitable relief to recover from the American Distilling Company $3,500 which Zinn had paid to appellee upon a contract entered into on the 27th day of November, 1936, by Zinn and appellee. The basis for the relief sought was that the contract was void and illegal. The District Court after a hearing decreed that the contract was neither illegal nor void and dismissed...

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