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AMERICAN NATIONAL BANK & TRUST CO. OF CHICAGO, ILL. v. BONE

No. 17529.

333 F.2d 984 (1964)

AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, ILLINOIS, Appellant, v. Joseph M. BONE, Jr., Trustee in Bankruptcy of John D. Schindler, Bankrupt, Appellee.

United States Court of Appeals Eighth Circuit.

July 8, 1964.

Attorney(s) appearing for the Case

Terence C. Porter, of Welliver, Porter & Cleaveland, Columbia, Mo., made argument for appellant and filed brief with William M. Howard, St. Louis, Mo.

Everett S. Van Matre, of Van Matre & Van Matre, Mexico, Mo., made argument for appellee and filed brief.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by American National Bank and Trust Company of Chicago, Illinois, (American Bank) from judgment of the district court adopting and confirming findings of fact and conclusions of law of the Referee in Bankruptcy denying American Bank a secured claim based upon a second Deed of Trust upon real estate of the bankrupt, John D. Schindler, upon the ground that such security constituted a preferential transfer voidable by...

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