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JUBAS v. SAMPSELL

No. 12524.

185 F.2d 333 (1950)

JUBAS v. SAMPSELL.

United States Court of Appeals Ninth Circuit.

November 14, 1950.

Attorney(s) appearing for the Case

Gendel & Raskoff, Los Angeles, Cal., for appellant.

Craig, Weller & Laughan, Los Angeles, Cal. (Thomas S. Tobin, Los Angeles, Cal., of counsel), for appellee.

Before STEPHENS, BONE and ORR, Circuit Judges.

STEPHENS, Circuit Judge.

The court's Findings of Fact are to the following purport and are unquestioned:

A copartnership composed of Gene Fagan and Leo G. Olson was conducting a retail shoe business under the fictitious name of Fashion Bootery. The copartnership was adjudged a bankrupt and plaintiff-appellee thereafter became Trustee in Bankruptcy. While yet solvent, the copartnership sold 1240 pairs of shoes which were of broken sizes and out of style. They...

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