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CARLSON, INC. v. COMMERCIAL DISCOUNT CORPORATION

No. 9139.

382 F.2d 903 (1967)

CARLSON, INC., Appellant, v. COMMERCIAL DISCOUNT CORPORATION and Joseph R. McNeany, Trustee in Bankruptcy, Appellees.

United States Court of Appeals Tenth Circuit.

August 23, 1967.

Attorney(s) appearing for the Case

James E. Womack, Albuquerque, N. M. (Poole & Poole and Arthur G. Ortega, Albuquerque, N. M., on the brief), for appellant.

Allen C. Dewey, Albuquerque, N. M. (Modrall, Seymour, Sperling, Roehl & Harris and Daniel A. Sisk, Albuquerque, N. M., on the brief), for appellee, Commercial Discount Corporation.

Martin E. Threet, Albuquerque, N. M., for appellee, Joseph R. McNeany, Trustee in Bankruptcy.

Before MURRAH, Chief Judge, and JONES and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellant, Carlson, Inc., petitioned to reclaim approximately $37,000 from funds held by the Trustee in Bankruptcy. Appellant asserted that its claim represented moneys held by the bankrupt, Hubbard's, Inc., in trust for the appellant's benefit, and that the Trustee in Bankruptcy could not include such moneys in the assets of the bankrupt estate.

Appellant's petition was resisted by the appellees...

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