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BARRY v. CRANCER

No. 14383.

192 F.2d 939 (1951)

BARRY v. CRANCER et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 14, 1952.

Attorney(s) appearing for the Case

Malcolm I. Frank, St. Louis, Mo. (Irl B. Rosenblum and Rosenblum & Mellitz, St. Louis, Mo., were with him on the brief), for appellees.

John W. Barry and William R. Schneider, St. Louis, Mo. (Harry A. Levi, St. Louis, Mo., David E. Wilson, Phoenix, Ariz., and Otho Books, Tucson, Ariz., were with them on the brief), for appellant.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

The appellant, trustee in bankruptcy by appointment of the bankruptcy court in Arizona of Joseph and Martha Mart, doing business in Tucson, Arizona, as "Arizona Tire and Supply Company", brought this plenary action in the federal District Court of Missouri under Section 60, sub. b of the Bankruptcy Act as amended, 11 U.S.C.A. § 96, sub. b, to recover the amount of an alleged preferential payment...

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