McCORD, Circuit Judge.
The trustee of the estate of John A. Kunkel, a bankrupt, brought this suit to recover an alleged wrongful transfer of an unscheduled and unadministered asset under Section 70, as amended, of the National Bankruptcy Act, 11 U.S.C.A. § 110.
The court below ruled that the assets were not a part of the estate of the bankrupt at the time the petition was filed nor at the time Kunkel was adjudicated a bankrupt.
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