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SUPERIOR MFG. CORPORATION v. HESSLER MFG. CORPORATION

No. 6011.

267 F.2d 302 (1959)

SUPERIOR MANUFACTURING CORPORATION, Appellant, v. HESSLER, MANUFACTURING COMPANY; M. L. Foss, Inc.; and Howe Machine & Supply Company, Appellees. In the Matter of the Superior Manufacturing Corporation, Bankrupt.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 23, 1959.

Attorney(s) appearing for the Case

Alice Loveland, Denver, Colo., for appellant.

Edward Philip Kurz and Morris Rifkin, Denver, Colo., for appellees.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

On September 11, 1957, appellees, as creditors of The Superior Manufacturing Corporation, filed in the District Court (Colorado) a petition in involuntary bankruptcy seeking the adjudication of the named company as bankrupt. In paragraph seven of the petition the following allegation was contained:

"7. That the Debtor has committed an act of bankruptcy in that the said Debtor has preferred the...

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