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SHORT v. GRAND

No. 74-1311.

507 F.2d 425 (1974)

In the Matter of Charles F. Short, Bankrupt. Charles F. SHORT, Appellant, v. Sheldon D. GRAND, Trustee, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 3, 1974.

Attorney(s) appearing for the Case

Arthur Kreisman, St. Louis, Mo., for appellant.

J. Leonard Kline, Clayton, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.

VAN OOSTERHOUT, Senior Circuit Judge.

The sole issue presented by this appeal is whether the amount accrued to the credit of Charles F. Short, Bankrupt, in the Public School Retirement System of the State of Missouri, is "property" which passes to the Trustee in Bankruptcy under § 70(a)(5) of the Bankruptcy Act (11 U.S.C. § 110(a)(5)). The Referee in Bankruptcy answered this question in the affirmative and ordered the Bankrupt to apply for the amount due...

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