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IN RE BEN WEISS CO.

No. 12708.

271 F.2d 234 (1959)

In the Matter of BEN WEISS CO., Inc., Bankrupt. C. Edward HOLTSBERG, Jr., Trustee, Appellant, v. NATIONAL ACCEPTANCE CO. OF CHICAGO, Appellee.

United States Court of Appeals Seventh Circuit.

November 5, 1959.

Attorney(s) appearing for the Case

Edward Jacobs, Chicago, Ill., for appellant.

A. Bruce Schimberg, Chicago, Ill., Archie Schimberg, Maurice Jacobs, Chicago, Ill. (Schimberg, Jacobs & Schimberg, Chicago, Ill., of counsel), for appellee.

Before DUFFY, SCHNACKENBERG and CASTLE, Circuit Judges.

DUFFY, Circuit Judge.

National Acceptance Company of Chicago (NAC) petitioned for an order directing Yorke, Receiver, to turn over certain monies to NAC under an alleged factor's lien on the assets of Ben Weiss Co., Inc., Bankrupt. Later, Holtsberg was appointed Trustee, and was substituted for the Receiver.

On August 6, 1957, bankrupt, by its president, executed a written factor's lien agreement with NAC to secure all

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