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M. M. LANDY, INC. v. NICHOLAS

No. 15159.

221 F.2d 923 (1955)

M. M. LANDY, Inc., Appellant, v. John NICHOLAS, as Receiver of Continental Charterers, Inc., Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

April 26, 1955.

Attorney(s) appearing for the Case

Don G. Nicholson, Henry M. Sinclair (of Choate & Sinclair, Miami, Fla., for appellant.

Harold Friedman, Feibelman & Friedman, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and DAWKINS, District Judge.

TUTTLE, Circuit Judge.

This case involves the application of the preference provisions of § 60, sub. a of the Bankruptcy Act, 11 U.S.C.A. § 96, sub. a, to loans made on the security of assigned choses in action against the United States. The assignments were neither recorded as assignments of accounts receivable nor made in compliance with the Federal Assignment of Claims statute, 31 U.S.C.A. § 203, but United States Government warrants evidencing or...

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