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IN RE BENNETT

No. 15703.

338 F.2d 479 (1964)

In the Matter of James E. BENNETT, Bankrupt, MANUFACTURERS NATIONAL BANK OF DETROIT, Appellant, v. Donald W. KRELING, Trustee, Appellee.

United States Court of Appeals Sixth Circuit.

November 25, 1964.

Attorney(s) appearing for the Case

James D. Ritchie, Detroit, Mich. (A. Hilliard Williams, Maurice E. Williams, Detriot, Mich., on the brief; Butzel, Eaman, Long, Gust & Kennedy, Detroit, Mich., of counsel), for appellant.

Stephen C. Bransdorfer, Grand Rapids, Mich. (Arthur R. Snell, James A. Engberg, Grand Rapids, Mich., on the brief; Miller, Johnson, Snell & Cummiskey, Grand Rapids, Mich., of counsel), for Michigan Nat. Bank as amicus curiae.

David Davidoff, Kalamazoo, Mich. (Stanley, Davidoff & Long, Kalamazoo, Mich., of counsel), for appellee.

Before CECIL and PHILLIPS, Circuit Judges, and BOYD, District Judge.

HARRY PHILLIPS, Circuit Judge.

This appeal presents the question of the validity, under Michigan law, of an affidavit affixed to an automobile chattel mortgage, which was signed by the mortgagor and notarized by a notary public.1

The trustee in bankruptcy contends, and both the referee in bankruptcy and district court held, that the chattel mortgage was void as against general creditors in the bankruptcy proceeding, because the...

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