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HOPPER v. AMERICAN NATIONAL BANK OF CHEYENNE, WYOMING

No. 6911.

309 F.2d 244 (1962)

G. W. HOPPER, Trustee, and Mary Lou Chadderdon, cestui que trust, Appellants, v. The AMERICAN NATIONAL BANK OF CHEYENNE, WYOMING, Trustee in Bankruptcy, Appellee. In the Matter of SMITH-CHADDERDON BUICK, INC., Bankrupt.

United States Court of Appeals Tenth Circuit.

September 14, 1962.

Attorney(s) appearing for the Case

Brooke Wunnicke, Cheyenne, Wyo., for appellants.

James A. Tilker, Cheyenne, Wyo. (Carleton A. Lathrop, Cheyenne, Wyo., on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and SETH, Circuit Judges.

SETH, Circuit Judge.

This case concerns the claim in a bankrupt estate based upon a note and mortgage which arose under the following circumstances: In 1957, Carlin Smith and D. G. Chadderdon owned the outstanding stock in Smith-Chadderdon Buick, Inc., and in September of that year they entered into an agreement whereby Chadderdon agreed to buy Smith's 51% or 510 shares of stock in the corporation for $45,000.00 and payment of a $5,000.00 note which the corporation...

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