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FIDELITY NAT. BANK & TRUST CO. v. KANSAS TELEPHONE CO.

No. 1500.

8 F.Supp. 287 (1934)

FIDELITY NAT. BANK & TRUST CO. OF KANSAS CITY v. KANSAS TELEPHONE CO. et al.

District Court, D. Kansas, First Division.

September 12, 1934.

Attorney(s) appearing for the Case

Justin D. Bowersock, Robert B. Fizzell, and John F. Rhodes, all of Kansas City, Mo., for plaintiff.

Roy D. Keehn, Cassius Poust, W. M. Keeley, and Chas. E. McGuire, all of Chicago, Ill., for claimant.

McDERMOTT, Circuit Judge.

By agreement of the parties, permission is granted to file this petition as of May 11, 1932. Consent is granted plaintiff to file, as of this date, a motion challenging the sufficiency of the petition. Since the petition discloses no equitable grounds for preference or priority, but affirmatively alleges facts which negative such right, an order will be entered denying the claim of preference or priority, but allowing the amount as a common...

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