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IN RE BANKRUPTCY OF DUNCAN

No. 16090.

264 F.2d 460 (1959)

Matter of the Bankruptcy of Vincent Halls DUNCAN and Roberta Jeanne Duncan, a marital community, dba V. H. Duncan Co., Bankrupt. Orval D. MARKS, Appellant, v. J. E. PINKHAM, Trustee in Bankruptcy, Hon. O. M. Pitzen, Referee in Bankruptcy, Appellees.

United States Court of Appeals Ninth Circuit.

March 6, 1959.

Attorney(s) appearing for the Case

Frank L. Whitaker, Portland, Or., for appellant.

Frank L. Cathersal, Tacoma, Wash., for appellee (trustee).

Burmeister & Stouffer, Tacoma, Wash., for appellee (bankrupt).

Before STEPHENS, Chief Circuit Judge, and HAMLEY and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

The referee in bankruptcy declared invalid as against the trustee in bankruptcy, appellee herein, chattel mortgage executed by bankrupt in favor of appellant herein. The district court confirmed the action of the referee, and the appellant, mortgagee herein, seeks reversal of the district court order.

The following facts are not in dispute. On September 17, 1955, appellant, a resident of Multnomah County, Oregon, owned a truck and...

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