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SAPER v. WEST

No. 26, Docket 25054.

263 F.2d 422 (1959)

Lewis H. SAPER, succeeded by Michael Berman, as Trustee in Bankruptcy of the Estate of Riverside Iron and Steel Corporation, Bankrupt, Appellant, v. Hewitt S. WEST, Jr., and the First National Bank of Nevada, Reno, Nevada, Las Vegas Branch, as Executors of the Estate of Hewitt S. West, Deceased, and W. Lunsford Long, Appellees.

United States Court of Appeals Second Circuit.

Decided February 4, 1959.

Attorney(s) appearing for the Case

I. Arnold Ross, New York City (I. Arnold Ross and Stanley J. Mayer, New York City, of counsel), for appellant.

Shearman & Sterling & Wright, New York City (Hugh W. Darling, Los Angeles, and M. Van Voorhies, New York City, of counsel), for appellees.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and GALSTON, District Judge.

GALSTON, District Judge.

This is an appeal by the trustee in bankruptcy of Riverside Iron and Steel Corporation, a Nevada corporation, from a judgment of the District Court which dismissed appellant's complaint on the merits.

The trustee in bankruptcy seeks to recover, except as to the sums of $5,000 to Long and $2,500 to West (to cover certain expenses) funds distributed to those defendants on November 21, 1950 by the clerk of a California court, pursuant...

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