GREEN v. DUGGAN

No. 15519.

243 F.2d 109 (1957)

Charles J. GREEN, Successor Trustee Under Trust Agreement Known as Trust No. 140, in Behalf of All Beneficiaries of His Trust, Namely, J. Lee Hackett Co., Charles J. Green, and Earl Hart Woodworking Machine Co., Appellant, v. Jerome F. DUGGAN, Trustee of National Aircraft Corporation, Subsidiary Debtor, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 9, 1957.


Attorney(s) appearing for the Case

Jacob M. Lashly, Israel Treiman, Elihu M. Hyndman and Lashly, Lashly & Miller, St. Louis, Mo., on appellant's Petition for Rehearing or in the Alternative for Modification of Decision.

Before GARDNER, Chief Judge, and VAN OOSTERHOUT, Circuit Judge.


PER CURIAM.

On consideration of Appellant's Petition for Rehearing or in the Alternative for Modification of Decision, our opinion upon original submission is modified to the extent that the relief granted therein shall be without prejudice to any right appellant may have to assert a demand against the trustee for repayment of any part of the purchase money paid by appellant for the Indiana land, which shall not have been satisfied by the equitable lien established...

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