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HAYS v. DARDEN

No. 6337.

284 F.2d 932 (1960)

Newell R. HAYS, Appellant, v. W. B. DARDEN, as Trustee in Bankruptcy of Tri-State Construction Co., a corporation, Bankrupt, Appellee.

United States Court of Appeals Tenth Circuit.

November 9, 1960.

Attorney(s) appearing for the Case

J. Benson Newell and LaFel E. Oman, Las Cruces, N. M., for appellant.

James T. Martin, Jr., and Glenn B. Neumeyer, Las Cruces, N. M. (Garland & Martin, Las Cruces, N. M., were with them on the brief), for appellee.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.

PHILLIPS, Circuit Judge.

Tri-State Construction Company,1 a corporation, was adjudged a bankrupt on August 29, 1957. The instant action was commenced by Darden, as receiver in bankruptcy, against Hays, on December 19, 1957, in the United States District Court for the District of New Mexico. Thereafter, Darden became the trustee in bankruptcy of the bankrupt, and was substituted in that capacity as the party plaintiff.

In the complaint...

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