CITY NATIONAL BANK & TRUST COMPANY v. OLIVER

No. 5121.

230 F.2d 686 (1956)

The CITY NATIONAL BANK & TRUST COMPANY, Appellant, v. Joe E. OLIVER, Debtor, and Claude L. Rice, Trustee in Bankruptcy, Appellees.

United States Court of Appeals Tenth Circuit.

February 1, 1956.


Attorney(s) appearing for the Case

Edward A. Smith and Howard L. Swartzman, Kansas City, Mo. (Lee E. Weeks, Kansas City, Kan., was with them on the brief), for appellant.

Claude L. Rice, Kansas City, Kan., pro se.

Before PHILLIPS, Chief Judge, HUXMAN, Circuit Judge, and SAVAGE, District Judge.


SAVAGE, District Judge.

This is an appeal by the City National Bank & Trust Company from a judgment of the United States District Court for the District of Kansas, affirming an order of the Referee in Bankruptcy in a wage earner's Chapter XIII proceeding rejecting the bank's claim to property under an unrecorded chattel mortgage.

The facts are not in dispute. The bank is the owner and holder of an installment note secured by a chattel mortgage upon a television...

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