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TYRRELL v. DOBBS INVESTMENT CO.

No. 7660.

337 F.2d 761 (1964)

C. L. TYRRELL, as Trustee of the Estate of Roy E. Shoaff Drilling Co., Inc., Bankrupt, Appellant, v. DOBBS INVESTMENT CO. (formerly known as Dobbs GM Diesel, Inc.), Appellee.

United States Court of Appeals Tenth Circuit.

October 23, 1964.

Attorney(s) appearing for the Case

Arthur J. Seifert, Denver, Colo. (John W. Low, Denver, Colo., on the brief), for appellant.

Thomas J. Kerwin, Denver, Colo. (Martin J. Harrington and Hodges, Silverstein, Hodges & Harrington, Denver, Colo., on the brief), for appellee.

Before MURRAH, PHILLIPS and LEWIS, Circuit Judges.

PHILLIPS, Circuit Judge.

The Roy E. Shoaff Drilling Co., Inc., hereinafter referred to as the Drilling Company, was adjudicated a bankrupt on June 8, 1960. Thereafter, Tyrrell, the duly qualified and acting Trustee of the bankrupt estate, commenced the instant action to recover the value of two diesel engines alleged to have been transferred by the Drilling Company to Dobbs Investment Co., hereinafter referred to as Dobbs, as a preference under § 60 of the Bankruptcy...

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