IN RE WYSE

No. 15217.

322 F.2d 798 (1963)

In the Matter of Orval WYSE, d/b/a Wyse Brothers Turkey Farm, Bankrupt. ARCHBOLD SEED & GRAIN COMPANY, Appellant, v. Willard A. MACK, Trustee in Bankruptcy, Appellee.

United States Court of Appeals Sixth Circuit.

September 27, 1963.


Attorney(s) appearing for the Case

Howard C. Cook, Toledo, Ohio (John B. Spitzer, Marshall, Melhorn, Bloch & Belt, Cline, Bischoff & Cook, Toledo, Ohio, on the brief), for appellant.

Robert B. Gosline, Toledo, Ohio (Arthur S. Newcomer, Newcomer & Shaffer, Bryan, Ohio, Shumaker, Loop & Kendrick, Toledo, Ohio, on the brief), for appellee.

Before O'SULLIVAN, Circuit Judge, and WILSON and FOX, District Judges.


FOX, District Judge.

Between October 7, 1959, and December 17, 1959, the Receiver of the bankrupt, Mr. Wyse, pursuant to an order of the court, sold 100,000 turkeys for $376,100.34. This sum was subsequently turned over to the Trustee in Bankruptcy.

On February 8, 1960, an order was issued by the Bankruptcy Court to Archbold Seed and Grain Company (hereinafter referred to as "Archbold"), directing it to set up any claims it had to this fund, on or before February...

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