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CENTRAL STATES CORP. v. LUTHER

No. 4791.

215 F.2d 38 (1954)

CENTRAL STATES CORP. v. LUTHER. In re GARDEN GRAIN & SEED Co., Inc.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 7, 1954.

Attorney(s) appearing for the Case

Samuel Morgan, Chicago, Ill. (W. A. Kahrs, Wichita, Kan., with him on the brief), for appellant.

Malcolm Miller, Wichita, Kan., for appellee.

William C. Farmer, U. S. Atty., Wichita, Kan., Warren E. Burger, Asst. Atty. Gen., Melvin Richter and John G. Laughlin, Dept. of Justice, Neil Brooks, Associate Solicitor, Washington, D. C., Giles H. Penstone, Kansas City, Mo., Donald A. Campbell, Washington, D. C., Gerald J. O'Rourke, Dept. of Agriculture, Washington, D. C., on the brief for the United States amicus curiae.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This is a controversy arising in a bankruptcy proceeding. Garden Grain and Seed Company, Inc., was a licensed warehouseman under the laws of Kansas, and it operated elevators in that state in which grain was received for storage and transfer. Under date of January 16, 1952, the corporation was adjudged a bankrupt, and a trustee was seasonably selected. At the time of adjudication, the bankrupt had in its possession 4,320,900 pounds of milo...

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