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SULMEYER v. MILLER ENGINEERING CO.

No. 17151.

297 F.2d 856 (1962)

Irving SULMEYER, etc., Appellant, v. MILLER ENGINEERING CO. et al., Appellee.

United States Court of Appeals Ninth Circuit.

January 22, 1962.

Attorney(s) appearing for the Case

Quittner, Stutman & Treister, George M. Treister, Los Angeles, Cal., for appellant.

Sylvan Y. Allen, Max Mayer, Utley & Houck, Los Angeles, Cal., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and BOLDT, District Judge.

CHAMBERS, Circuit Judge.

This case is the aftermath of Miller v. Sulmeyer, 9 Cir., 263 F.2d 513. There we held that when bankruptcy eventuated the Millers lost the lien of a chattel mortgage because of 79 days delay in the recording thereof. The mortgaged personal property having been repossessed and sold by the Millers to a bona fide purchaser (and thus unrecoverable), we reluctantly upheld the district court in awarding the trustee...

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