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ARGUS INDUSTRIES, INC. v. LIODAS

Nos. 24741, 24984.

443 F.2d 1255 (1971)

In the Matter of ARGUS INDUSTRIES, INC., Bankrupt, Cal-Val Research and Development Corporation, Appellant, v. Manuel M. LIODAS, Trustee in Bankruptcy, Appellee. Manuel M. LIODAS, Trustee in Bankruptcy, Cross-Appellant, v. CAL-VAL RESEARCH AND DEVELOPMENT CORPORATION, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied July 7, 1971.

Attorney(s) appearing for the Case

Charles H. Phillips (argued), John Gaims, of Irell & Manella, Century City, Los Angeles, Cal., for appellant Cal-Val.

Timothy M. Thornton (argued), of Simon, Sheridan, Murphy, Thornton & Medvene, Los Angeles, Cal., Quittner, Stutman, Treister & Glatt, Los Angeles, Cal., for appellee.

Before HAMLEY, BROWNING and ELY, Circuit Judges.

HAMLEY, Circuit Judge:

This litigation arises out of a claim in bankruptcy, in the amount of $215,762.56, by Cal-Val Research and Development Corporation (Cal-Val), for goods sold and delivered under subcontracts to Argus Industries, Inc. (Argus), the bankrupt. The trustee in bankruptcy, Manuel M. Liodas, filed objections to the Cal-Val claim and a counterclaim for alleged breach of the same contracts. The referee disallowed Cal-Val's claim in its entirety and awarded...

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