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SAPERSTEIN v. FIRST SECURITY BANK OF UTAH, N.A.

No. 11768.

465 P.2d 546 (1970)

24 Utah 2d 66

Herschel J. SAPERSTEIN, Trustee in Bankruptcy of the Estate of Wheat Bros., Painters and Decorators, a partnership, Plaintiff and Respondent, v. FIRST SECURITY BANK OF UTAH, N.A., a corporation, Defendant and Appellant.

Supreme Court of Utah.

March 4, 1970.

Attorney(s) appearing for the Case

Don B. Allen and John Ashton, of Ray, Quinney & Nebeker, Salt Lake City, for defendant and appellant.

Bryce E. Roe, Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice.

The plaintiff filed these proceedings for the purpose of recovering the amount of money taken over by the Bank from the account of the bankrupt and which the Trustee claims to be preferential transfers prohibited by Sec. 60 of the Bankruptcy Act.

The trial court found in favor of the Trustee and the Bank has appealed to this court seeking reversal of that judgment.

Wheat Bros. was a partnership consisting of three brothers who engaged...

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