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FREED v. INLAND EMPIRE INSURANCE COMPANY

No. C-157-55.

166 F.Supp. 873 (1958)

David L. FREED, Daniel G. Freed and Peter Freed, d/b/a Freed Finance Company, a partnership, Plaintiff, v. INLAND EMPIRE INSURANCE COMPANY, an Idaho corporation, Defendant, Leo O'Connell, Commissioner of Insurance of the State of Idaho, Defendant and Intervenor, G. A. Bushnell, Receiver of Trans-Pacific Insurance Company, Intervenor.

United States District Court D. Utah, Central Division.

October 29, 1958.

Attorney(s) appearing for the Case

David K. Watkiss and Calvin L. Rampton, of Pugsley, Hayes, Rampton & Watkiss, Salt Lake City, Utah, for receiver.

Donald E. Schwinn, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for claimant.

CHRISTENSON, District Judge.

This court ruled initially that the claim of the law partnership of Lewis, Roca, Scoville and Beauchamp against the receiver should be treated as an ordinary claim not entitled to preference. The United States Court of Appeals for the Tenth Circuit reversed, "* * * with instructions to allow the claim of the appellant as a preferred claim." Lewis, Roca, Scoville & Beauchamp v. Inland Empire Insurance Company, 10 Cir., 1958,

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