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FREDERICK v. LINES

Nos. 23015, 23016.

425 F.2d 215 (1970)

Kenneth Robert FREDERICK, Appellant, v. Kal W. LINES, Appellee. Clarence HARRIS, Appellant, v. Kal W. LINES, Appellee.

United States Court of Appeals, Ninth Circuit.

April 21, 1970.

Attorney(s) appearing for the Case

Bruce Bailey (argued), of Rosenthal, McDermid & Weiss, Redwood, Cal., for appellant Frederick.

John T. Hansen (argued), San Francisco, Cal., for appellant Harris.

Burton I. Meyer (argued), of Glicksberg, Kushner & Goldberg, San Francisco, Cal., for appellee.

Before HAMLEY, BROWNING and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge.

Does title to a bankrupt wage earner's accrued and unpaid vacation pay pass to the trustee in bankruptcy under section 70a(5) of the Bankruptcy Act? We hold that it does not, disapproving the contrary views expressed in In re Cohen (N.D.Cal.1967) 276 F.Supp. 889 and In re Kuether (N.D.Cal.1962) 203 F.Supp. 223.

The respective trustees of the bankrupt estates...

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