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YONACK v. INTERSTATE SECURITIES COMPANY OF TEXAS

No. 15008.

217 F.2d 649 (1954)

Melvin YONACK, Trustee in Bankruptcy of James Lester Pallett and Ruby Jewell Pallett, Operating as Lucky Liquor Stores, Bankrupts, Appellant, v. INTERSTATE SECURITIES COMPANY OF TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 17, 1955.

Attorney(s) appearing for the Case

Wm. Madden Hill, Dallas, Tex., for appellant.

Herbert S. Bonney, Jr., Dallas, Tex., Bonney, Paxton & Wade, Dallas, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and ALLRED, District Judge.

HUTCHESON, Chief Judge.

Claiming that it had succeeded to the rights of the Grand Avenue State Bank, the owner and holder of a chattel mortgage on a Lincoln Sedan, which the trustee had sold, appellee, claimant below, filed a secured claim upon the proceeds for the recovery of the amount due under the mortgage.1

The trustee, opposing the claim on the ground that the claimant having paid...

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