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MATTER OF HEAT 'N' EAT BRANDS, INC.

No. 14058.

278 F.2d 488 (1960)

Matter of HEAT 'N' EAT BRANDS, INC., Bankrupt. Robert A. SMITH, d/b/a Bob Smith and Company, Appellant, v. J. K. SCOGGAN, Trustee of Heat 'N' Eat Brands, Inc., Bankrupt, Appellee.

United States Court of Appeals Sixth Circuit.

May 11, 1960.

Attorney(s) appearing for the Case

Gerald Kirven of Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, Ky., for appellant.

Fred M. Goldberg, of Tachau & Goldberg, Louisville, Ky., for appellee.

Before McALLISTER, Chief Judge, and CECIL and O'SULLIVAN, Circuit Judges.

PER CURIAM.

In a proceeding before the Referee in Bankruptcy for the Western District of Kentucky, appellant creditor filed a claim, asserting a mechanic's lien against premises leased by the bankrupt. The lien was claimed by virtue of the sale of a boiler, sold by the creditor and installed in the leased premises. After hearing, the Referee in Bankruptcy filed Conclusions of Law, appearing in his Certificate on Review, in which he held that the boiler became part...

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