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RIVERVIEW STATE BANK v. ERNEST

Nos. 4401, 4402.

198 F.2d 876 (1952)

RIVERVIEW STATE BANK v. ERNEST. ERNEST v. RIVERVIEW STATE BANK.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 4, 1952.

Attorney(s) appearing for the Case

T. M. Lillard, Topeka, Kan. (N. E. Snyder, Kansas City, Kan., and A. W. Hershberger, Wichita, Kan., on the brief), for appellant and cross-appellee.

Wesley E. Brown and Donald C. Martindell, Hutchinson, Kan. (Martindell, Carey, Brown & Brabets, Hutchinson, Kan., and Collins, Williams, Hughes & Martin, Wichita, Kan., on the brief), for appellee and cross-appellant.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

These appeals present for determination rival contentions in a proceeding in bankruptcy in Kansas. H. A. Hershfield & Company, whose corporate name was subsequently changed to National Petroleum Reserves Corporation, hereinafter referred to as the bankrupt, executed and delivered to Riverview State Bank of Kansas City, Kansas, hereinafter referred to as the bank, a promissory note in the sum of $250,000, with interest thereon at the rate...

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