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HEIDER v. McALLISTER

No. 15646.

265 F.2d 486 (1958)

Otto W. HEIDER, Appellant, v. Samuel A. McALLISTER, Trustee in Bankruptcy of the Estate of Rand Truck Line, Inc., Appellee.

United States Court of Appeals Ninth Circuit.

September 29, 1958.

Attorney(s) appearing for the Case

William E. Dougherty, Jack H. Cairns, Portland, Or., for appellant.

C. X. Bollenback, F. Brock Miller, Portland, Or., for appellee.

Before FEE and HAMLIN, Circuit Judges, and BOWEN, District Judge.

JAMES ALGER FEE, Circuit Judge.

The sole question in this case is whether a Referee in Bankruptcy has jurisdiction to determine the validity of an alleged secured claim on property in possession of the Bankruptcy Court, irrespective of the fact that the Bankruptcy Court has permitted the Trustee to bring action against the claimant and others in the state court for the recovery of certain corporate funds used by officers and directors of the bankrupt and alleged to...

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