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LUTHER v. UNITED STATES

No. 4929.

225 F.2d 495 (1954)

Frank LUTHER, Trustee of the Garden Grain & Seed Co., Inc., Cross-Appellant, v. UNITED STATES of America, Cross-Appellee. In the Matter of Garden Grain and Seed Co., Inc., Bankrupt.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 27, 1955.

Attorney(s) appearing for the Case

Malcolm Miller, Wichita, Kan., for cross-appellant.

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., William C. Farmer, U. S. Atty., Wichita, Kan., and Melvin Richter, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for cross-appellee.

Before BRATTON, MURRAH, and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This is another link in the chain of controversies arising out of the Garden Grain & Seed Company bankruptcy proceeding. At the intervention of bankruptcy, the bankrupt had in storage in its grain elevators certain wheat and certain milo which were subsequently sold under order of the bankruptcy court and the proceeds of the sale were placed in a separate account to await the disposition of claims thereto. The United States filed in the...

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