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MITCHELL, TRUSTEE v. MOON

No. 45,836

206 Kan. 213 (1970)

478 P.2d 203

R.R. MITCHELL, as Trustee in Bankruptcy, Appellee, v. A.E. MOON, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Harry A. Waite, of Dodge City, argued the cause and was on the brief for appellant.

R.R. Mitchell, of Dodge City, argued the cause, and Don C. Smith and David L. Patton, of Dodge City, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

This was an action commenced by a trustee in bankruptcy to recover the value of a stock of merchandise taken by the defendant, A.E. Moon, from the bankrupt on February 15, 1965, by virtue of a chattel mortgage executed between the bankrupt and the defendant on March 20, 1963, and filed of record in Ford County, February 15, 1965. The trustee sought to avoid the...

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