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CITIZENS NATIONAL BANK OF LUBBOCK v. SPEER

No. 14880.

220 F.2d 889 (1955)

CITIZENS NATIONAL BANK OF LUBBOCK, v. John E. SPEER, Trustee in Bankruptcy of C. M. Henderson Bankrupt.

United States Court of Appeals, Fifth Circuit.

March 30, 1955.

Attorney(s) appearing for the Case

Nelson & McCleskey, F. D. Brown, Klett, Bean & Evans, Robt. H. Bean, Lubbock, Tex., for appellant.

Lloyd Croslin, Croslin & Pharr, Lubbock, Tex., for appellee.

Warren E. Burger, Asst. Atty. Gen., Heard L. Floore, U. S. Atty., Fort Worth, Tex., Melvin Richter, Herman Marcuse, Dept. of Justice, Washington, D. C., filed a brief amicus curiae for the United States.

Before BORAH, RIVES and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from an order of the trial court granting a new trial to the trustee in bankruptcy in a voidable preference suit brought against appellant, Citizens National Bank of Lubbock, Lubbock, Texas. Appellant seeks to escape the well-nigh inflexible rule that an order granting a new trial is not appealable1 by contending that the order complained of was void as being outside the jurisdiction of the trial...

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