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IN RE MERLE'S INC.

No. 72-2565.

481 F.2d 1016 (1973)

In the Matter of MERLE'S INC., a Washington corporation, d/b/a Merle's Fine Foods and Merle's Drive In, Bankrupt. J. P. TONKOFF, Creditor, Petitioner-Appellant, v. C. C. SYNOGROUND, Trustee and P. D. Q. Frozen Foods, Inc., et al., Petitioning Creditors, Appellees.

United States Court of Appeals, Ninth Circuit.

July 18, 1973.

Attorney(s) appearing for the Case

J. Peter Tonkoff (argued), Yakima, Wash., for petitioner-appellant.

John A. Rossmeissl (argued), Morris G. Shore, of Velikanje, Moore, Countryman & Shore, Yakima, Wash., for appellees.

Before BARNES and CHOY, Circuit Judges, and MURRAY, District Judge.

PER CURIAM:

This appeal involves a quarrel between the trustee in bankruptcy and Tonkoff concerning the right and title to property claimed. On the 15th of January, 1971, appellant took possession of the property to secure his loan and continued in possession; paying the monthly installments, taxes and the insurance. On March 26, 1971, the Superior Court of Yakima County quieted the bankrupt's title to the real and personal property involved in the appellant. On March...

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