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MALLAGH v. BANK OF AMERICA NAT. TRUST & SAV. ASSOC.

No. 17039.

300 F.2d 679 (1962)

A. E. MALLAGH, Trustee in Bankruptcy of the Bankrupt Estate of Orville Stanford, Inc., Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, etc., Appellee.

United States Court of Appeals Ninth Circuit.

March 14, 1962.

Attorney(s) appearing for the Case

William J. Tiernan, Los Angeles, Cal., for appellant.

Hugo A. Steinmeyer, Robert H. Fabian, Samuel B. Stewart, Los Angeles, Cal., for appellee.

Before BARNES, JERTBERG and KOELSCH, Circuit Judges.

JERTBERG, Circuit Judge.

This action was brought by the trustee in bankruptcy against the appellee, hereinafter referred to as "the Bank," upon a complaint containing two claims or causes of action. The first claim is to recover money paid to the Bank under a void chattel mortgage, the chattel mortgage being void as to a trustee in bankruptcy and as to the creditors for the failure of the Bank to record the mortgage.

The second claim was based upon a preference...

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