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LORD'S INC. v. MALEY

No. 15088.

356 F.2d 456 (1965)

In the Matter of LORD'S, INC., Bankrupt. CHICAGO CUTTER-KARCHER, INC., Petitioner-Appellant, v. Charles D. MALEY, Trustee, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 9, 1966.

Attorney(s) appearing for the Case

Charles R. Sprowl, Chicago, Ill., Victor Packman, St. Louis, Mo., Walter C. Clements, Taylor, Miller, Magner, Sprowl & Hutchings, Chicago, Ill., for appellant.

Gilbert Hahn, Jr., Washington, D. C., Melvin S. Feldman, Bardyl Rifat Tirana, of Amram, Hahn & Sundlun, Washington, D. C., amici curiae.

Norman H. Nachman, Chicago, Ill., Gerald F. Munitz, Allan G. Sweig, Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.

Rehearing Denied March 9, 1966. (En Banc).

KNOCH, Circuit Judge.

Petitioner-appellant, Chicago Cutter-Karcher, Inc., hereinafter sometimes called "Cutter-Karcher," filed a reclamation petition to recover $17,300.47 claimed as trust funds. These funds resulted from the sale of Cutter-Karcher's shoes and accessories by Cutter-Karcher's employees in the department store of the bankrupt, Lord's, Inc.

The petition was denied by the Referee in Bankruptcy...

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