IN RE SUMMIT HARDWARE, INC.

No. 81669.

192 F.Supp. 489 (1961)

In the Matter of SUMMIT HARDWARE, INC., Bankrupt. John A. SCHWEMLER, Trustee, Plaintiff, v. Everett L. FOOTE, Defendant.

United States District Court N. D. Ohio, E. D.

January 6, 1961.


Attorney(s) appearing for the Case

Clair Whitmer (of Johnson, Whitmer & Sayre), Akron, for trustee.

Clarence W. May (of Brouse, McDowell, May, Bierce & Wortman), Akron, for defendant.


CONNELL, Chief Judge.

This action is before the Court on a petition for review of an order and judgment of the Referee in Bankruptcy, which denied petitioner's (a defendant in trustee's petition to sell personalty) claim of a factor's lien on all the goods, chattels, wares, and merchandise of the bankrupt up to the amount of $25,000, the amount loaned to the bankrupt.

In studying the transcript of proceedings and the various exhibits that were so assiduously...

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