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ROSCOE MOSS COMPANY v. DUNCAN

No. 19082.

336 F.2d 670 (1964)

ROSCOE MOSS COMPANY, Creditor in the matter of: Fred William Walker, aka Fred W. Walker, F. W. Walker and as Fred Walker, Appellant, v. J. M. DUNCAN, Trustee in the matter of: Fred William Walker, aka Fred W. Walker, F. W. Walker and as Fred Walker, Appellee.

United States Court of Appeals Ninth Circuit.

September 14, 1964.

Attorney(s) appearing for the Case

Richard W. Horton, Stewart, Horton & McCune, Reno, Nev., Arguello, Giometti, McCarthy, San Francisco, Cal., for appellant.

Raymond Anixter, Shapro, Anixter & Aronson, Burlingame, Cal., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and TAYLOR, District Judge.

TAYLOR, District Judge.

This is an appeal from an Order of the United States District Court for the Northern District of California affirming the Order of the Referee in Bankruptcy in favor of the Appellee and against Appellant.

This Court has jurisdiction under Section 24 of the Bankruptcy Act (11 U.S.C. § 47).

According to the stipulated facts the Appellant (Mortgagee) filed a proof of secured claim with Appellee (trustee) asserting a claim...

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