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FITZGERALD v. CENTRAL BANK & TRUST COMPANY

No. 5821.

257 F.2d 118 (1958)

Thomas J. FITZGERALD, Trustee, Appellant, v. The CENTRAL BANK AND TRUST COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

July 8, 1958.

Attorney(s) appearing for the Case

Frederick P. Cranston and Herbert W. Delaney, Jr., Denver, Colo. (L. James Arthur, Denver, Colo., was with them on the brief), for appellant.

Clarence L. Ireland, Denver, Colo. (Ireland, Ireland, Stapleton & Pryor, Denver, Colo., was with him on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

BRATTON, Chief Judge.

This appeal brings here for review an order of the district court affirming an order of the referee in bankruptcy allowing a preferred claim in a proceeding in bankruptcy. Platte Valley Elevators Company, a corporation, hereinafter referred to as the bankrupt, filed a voluntary petition in bankruptcy and was seasonably adjudicated a bankrupt. Central Bank and Trust Company, hereinafter referred to as the bank, filed its secured claim, based upon...

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