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MESIROW v. DUGGAN

No. 15519.

240 F.2d 751 (1957)

Benjamin S. MESIROW, 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 March 7, 1957.

Further Rehearing Denied, Opinion Modified April 15, 1957.

Attorney(s) appearing for the Case

Israel Treiman and Elihu M. Hyndman, St. Louis, Mo. (Jacob M. Lashly and Lashly, Lashly & Miller, St. Louis, Mo., were with them on the brief), for appellant.

Eugene M. Munger and George O. Durham, St. Louis, Mo., for appellee.

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

Further Rehearing Denied, Opinion Modified April 15, 1957. See ___ F.2d ___.

WHITTAKER, Circuit Judge.

The overriding equitable issue involved in this appeal is whether a bankruptcy trustee can, in conscience, be permitted, over the protest of an innocent purchaser, to retain both the real estate offered at auction, and the money paid for it by such innocent purchaser, at a void sale.

On December 27, 1943, Christopher Engineering Company, a corporation...

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