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MARTIN v. CROCKER-CITIZENS NATIONAL BANK

No. 19670.

349 F.2d 580 (1965)

William V. MARTIN, as Trustee in Bankruptcy for Aerocolor, Inc., dba Aero Press Co., a corporation, Appellant, v. CROCKER-CITIZENS NATIONAL BANK, Appellee.

United States Court of Appeals Ninth Circuit.

August 3, 1965.

Attorney(s) appearing for the Case

Edward I. Gorman, David K. Golding, Flaxman, Coleman, Gorman & Rosoff, Los Angeles, Cal., for appellant.

Samuel H. Rindge, Cosgrove, Cramer, Rindge & Barnum, Los Angeles, Cal., for appellee.

Before JERTBERG, Circuit Judge, MADDEN, Judge of the Court of Claims, and DUNIWAY, Circuit Judge.

MADDEN, Judge:

Aerocolor, Inc., was in bankruptcy in the United States District Court for the Southern District of California. The appellee herein, Crocker-Citizens National Bank, applied to the referee in bankruptcy for leave to exercise the bank's power of sale under a chattel mortgage which the bank claimed to have received from Aerocolor before Aerocolor became bankrupt. The referee in bankruptcy denied the bank's application, stating several reasons for the denial...

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