HERGET v. CENTRAL NAT. BANK & TRUST CO. OF PEORIA

No. 8418.

141 F.2d 150 (1944)

HERGET v. CENTRAL NAT. BANK & TRUST CO. OF PEORIA.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 5, 1944.


Attorney(s) appearing for the Case

Ira J. Covey, of Peoria, Ill., for appellant.

John M. Elliott and Chester L. Anderson, both of Peoria, Ill., and Walter Bachrach, of Chicago, Ill., for appellee.

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


SPARKS, Circuit Judge.

The trustee in bankruptcy appeals from the dismissal of his action to recover preferences alleged to have been given by the bankrupt within four months previous to the filing of its voluntary petition in bankruptcy. The District Court sustained appellee's motion to dismiss the complaint on the ground that it was barred by the applicable statute of limitations, and the correctness of that ruling is the only question presented to us.

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