FITZGERALD v. W. F. SEBEL CO., INC.

No. 6754.

295 F.2d 654 (1961)

Thomas J. FITZGERALD, Trustee in Bankruptcy, Appellant, v. W. F. SEBEL CO., INC., Appellee. In the matter of Mario John BENEDETTI, Bankrupt.

United States Court of Appeals Tenth Circuit.

October 24, 1961.


Attorney(s) appearing for the Case

Frederick P. Cranston, Denver, Colo. (L. James Arthur, Denver, Colo., with him on the brief), for appellant.

No appearance or brief for appellee.

Before BRATTON, PICKETT and HILL, Circuit Judges.


PICKETT, Circuit Judge.

This appeal presents the question of the jurisdiction of the bankruptcy court to recover in a summary proceeding property deposited in the United States mail by a bankrupt before the filing of a petition in bankruptcy but delivered by the postal department to the addressee one day after such filing. The referee sustained its jurisdiction, and the district court, on petition for review, held that the...

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