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SMITH v. MERCHANTS WHOLESALE GROCERY COMPANY

No. 13836.

269 F.2d 838 (1959)

D. F. SMITH, Trustee in Bankruptcy, Appellant, v. MERCHANTS WHOLESALE GROCERY COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

June 22, 1959.

Attorney(s) appearing for the Case

Tachau & Goldberg, Louisville, Ky., for appellant.

John P. Sandidge of Woodward, Hobson & Fulton, Louisville, Ky., for appellee.

Before McALLISTER and MILLER, Circuit Judges, and CECIL, District Judge.

PER CURIAM.

This is an appeal from an order of the District Court dismissing a petition for review of an order of the Referee in Bankruptcy. Appellee, a creditor of a bankrupt, filed a petition for an order requiring the Trustee in Bankruptcy to surrender certain property claimed by appellee, under a chattel mortgage. The Trustee filed answer to the petition, setting forth that the giving of the chattel mortgage in question constituted a preference that should be...

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