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UNITED STATES v. LUTHER

Nos. 4928, 4929.

225 F.2d 499 (1955)

UNITED STATES of America, Appellant, v. Frank LUTHER, Trustee of the Garden Grain & Seed Co., Inc., Appellee. 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 (two cases).

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 27, 1955.

Attorney(s) appearing for the Case

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., on the briefs), for appellant and cross-appellee.

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

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

Rehearing Denied in No. 4928 July 27, 1955.

PHILLIPS, Chief Judge.

Garden Grain and Seed Co., Inc.1 doing business under the corporate and warehouse laws of the State of Kansas, operated grain warehouses at Garden City, Ingalls, and Pierceville, Kansas. On January 16, 1952, the Grain Company was adjudged an involuntary bankrupt. A trustee in bankruptcy was appointed and, in addition to the general assets of the Grain Company, took...

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