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BIGGINS v. SOUTHWEST BANK

No. 71-2721.

490 F.2d 1304 (1973)

James J. BIGGINS, Jr., as Trustee for Peterson Ford, a California corporation, Plaintiff/Appellant, v. SOUTHWEST BANK, a California corporation, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 28, 1974.

Attorney(s) appearing for the Case

William O. Ward, III, Woolley, Crake, Collins & Ward, San Diego, Cal., for plaintiff/appellant.

Leonard A. Goldman, Goldman & Arnold, Los Angeles, Cal., Weil & Fritz, Whittier, Cal., for defendant/appellee.

Before CHAMBERS and CHOY, Circuit Judges, and LUCAS, District Judge.

LUCAS, District Judge:

This is an appeal by a trustee in bankruptcy from an adverse decision rendered by the district court sitting under its original jurisdiction over all matters and proceedings in bankruptcy. Jurisdiction lies with this Court under 11 U. S.C. § 47.

The facts were stipulated to at trial, and were set forth by the district court. See 322 F.Supp. 62, 63-64 (S.D.Cal., 1971). For purposes of...

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