DAVIS v. SECURITY NATIONAL BANK OF NEVADA

No. 24774.

447 F.2d 1094 (1971)

James A. DAVIS, Trustee in the Matter of Midwest Livestock Commission Company, a Nevada corporation, Bankrupt, Appellant, v. SECURITY NATIONAL BANK OF NEVADA, Appellee.

United States Court of Appeals, Ninth Circuit.

August 19, 1971.


Attorney(s) appearing for the Case

Richard W. Horton (argued), of Stewart & Horton, Reno, Nev., Diehl & Recanzone, Fallon, Nev., for appellant.

Sidney W. Robinson (argued), Frank Cassas, Jr., Robert Ziemer Hawkins, of Hawkins, Rhodes & Hawkins, Reno, Nev., for appellee.

Before CHAMBERS and KILKENNY, Circuit Judges, and WILLIAMS, District Judge.


KILKENNY, Circuit Judge:

This is an appeal from a judgment of the district court dismissing appellant's action against appellee for the recovery of a substantial amount of money claimed to be a preferential transfer within the meaning of Section 60 of the Bankruptcy Act. [11 U.S.C. § 96].

FACTUAL BACKGROUND

Appellant is trustee in bankruptcy for Midwest Livestock Commission Company [Midwest], former operator of a livestock auction yard at Fallon...

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