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IN RE SIERRA TRADING CORPORATION

No. 72-1537.

486 F.2d 191 (1973)

In the Matter of SIERRA TRADING CORPORATION, a Nevada corporation, Debtor-Appellee. Arthur SHERR and Richard Rubin, Petitioners-Appellants, v. L. W. WINKLER, Jr., Trustee, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 17, 1973.

Attorney(s) appearing for the Case

Paul B. Rodden, Rodden, Cooper, Woods & Mitchell, Denver, Colo. (C. James Cooper, Jr., and Richard T. Paynter, Jr., Denver, Colo., with him on the brief), for petitioners-appellants.

James A. Clark, Denver, Colo., for trustee-appellee.

Before PICKETT, HILL and BARRETT, Circuit Judges.

PER CURIAM.

This appeal is from an order of the United States District Court of Colorado determining the rights of a mortgagee and assignee to oil and gas income that was delivered to a trustee in a proceeding under Chapter X of the Bankruptcy Act wherein Sierra Trading Corporation sought reorganization. The dispute arises over the division of the costs of drilling and development of producing property in Campbell County, Wyoming. The trial court held that the trustee...

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