FIRST NATIONAL BANK IN WICHITA v. LUTHER

No. 4921.

217 F.2d 262 (1954)

FIRST NATIONAL BANK IN WICHITA, Appellant, v. Frank LUTHER, Trustee in Bankruptcy of Garden Grain & Seed Co., Inc., Bankrupt, Appellee. In the Matter of GARDEN GRAIN & SEED CO., Inc., Bankrupt.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 3, 1955.


Attorney(s) appearing for the Case

Ralph M. Hope, Wichita, Kan. (W. F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz and Richard W. Stavely, Wichita, Kan., were with him on the brief), for appellant.

Malcolm Miller, Wichita, Kan., for appellee.

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


BRATTON, Circuit Judge.

This appeal requires us to determine another controversy arising in the course of the Garden Grain & Seed Company bankruptcy proceeding. The First National Bank in Wichita, Kansas, filed in the proceeding a petition in reclamation. It was pleaded in such petition that the bank made a loan of $50,000 to the bankrupt and took therefor a promissory note in that amount and a pledge by warehouse receipt of 62,000 bushels of milo maize. The bank...

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