HAMILTON, Circuit Judge.
Appellant appeals from a judgment decreeing the appellee owner of a chose in action acquired before bankruptcy by assignment from the bankrupt, Swift Equipment Corporation, which corporation, on September 9, 1938, filed a voluntary petition for reorganization under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207, and was subsequently adjudged a bankrupt. The facts leading up to this controversy are as follows:
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