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HEMPY v. SIMS

No. 15299.

246 F.2d 420 (1957)

Walter J. HEMPY, as Trustee of the Estate of Mechanix, Inc., a corporation, bankrupt, Appellant, v. John Howard SIMS and Marvin D. Morrow, Appellees.

United States Court of Appeals Ninth Circuit.

May 23, 1957.

Attorney(s) appearing for the Case

James M. Conners, Shapro & Rothschild, Raymond T. Anixter, San Francisco, Cal., for appellant.

Alfred M. Miller, San Francisco, Cal., for appellees.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

PER CURIAM.

This is an appeal by Hempy as trustee, suing the two defendants for $1,500 each, from a judgment denying him the recovery from the defendants of the said sums. His contention is that the court erred in not finding that the defendants preferred themselves under Section 60 of the Bankruptcy Act1 by paying themselves such sums of money for their services to the bankrupt corporation, within four months of the filing of the petition...

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