FIFTH-THIRD UNION TRUST COMPANY v. GORDON

No. 8088.

101 F.2d 1010 (1939)

FIFTH-THIRD UNION TRUST COMPANY, Trustee, et al., Appellants, v. Stanley GORDON, Trustee in Bankruptcy of The Squibb-Pattison Breweries, Inc., Bankrupt, Appellee.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1939.


Attorney(s) appearing for the Case

Connolly & Connolly, Joseph Sagmeister, and Carl Phares, all of Cincinnati, Ohio, for appellants.

Dawson E. Bradley and Pogue, Hoffheimer & Pogue, all of Cincinnati, Ohio, for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.


PER CURIAM.

On appeal from an order of the District Court in Bankruptcy affirming a decision of the Referee that the mortgage lien asserted by the appellants herein was void as a preference under the provisions of § 11104 et seq., General Code of Ohio, and adopting the findings of fact and conclusions of law of the Referee, it appearing that the mortgage was executed by the bankrupt in contemplation of insolvency and with a design to prefer one or more creditors...

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