PRISBREY v. NOBLE

Nos. 74-1002, 74-1003.

505 F.2d 170 (1974)

Grant M. PRISBREY, Trustee in Bankruptcy of the Estate of DeWayne Iverson, Plaintiff-Appellee, and Zions First National Bank, N.A., Intervening Plaintiff-Appellant, v. V. Glen NOBLE, Defendant-Appellee and Cross-Appellant, and St. Paul Fire and Marine Insurance Company, Substitute Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 5, 1974.


Attorney(s) appearing for the Case

Richard H. Nebeker, Salt Lake City, Utah, for intervening plaintiff-appellant.

Herschel J. Saperstein, Salt Lake City, Utah, for defendant-appellee Prisbrey.

H. Wayne Wadsworth, Salt Lake City, Utah, for substitute defendant-appellee St. Paul Fire & Marine Ins. Co.

Before HILL and DOYLE, Circuit Judges, and SMITH, District Judge.


HILL, Circuit Judge.

FACTS

In this action, the appellee trustee in bankruptcy seeks to recover 35,000 shares of stock (or the stock's fair value as of June 24, 1971) for the bankrupt estate. The intervening plaintiff-appellant, Zions First National Bank, N.A. (Zions), desires the court to declare a first and paramount lien upon the stock for the bank's behalf to secure a claim against the bankrupt in the sum of $17,316.25 plus interest.

DeWayne Iverson...

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