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HERGET v. CENTRAL NAT. BANK & TRUST CO. OF PEORIA

No. P-257.

53 F.Supp. 265 (1943)

HERGET v. CENTRAL NAT. BANK & TRUST CO. OF PEORIA. In re N. L. ROGERS & CO., Inc.

District Court, S. D. Illinois, N. D.

August 26, 1943.

Attorney(s) appearing for the Case

Ira J. Covey, of Peoria, Ill., for plaintiff.

John M. Elliott and Chester L. Anderson, both of Peoria, Ill., and Walter Bachrach, of Chicago, Ill., for defendant.

ADAIR, District Judge.

This cause arises upon the motion of the defendant to dismiss the complaint alleging that the action is barred by Section 11, sub. e, of the Bankruptcy Act, 11 U.S. C.A. § 29, sub. e. Said complaint purports to charge a cause of action to set aside for recovery certain preferences alleged to have been received by the defendant. Further affirmation arose from the complaint that the plaintiff was appointed Trustee of the estate in bankruptcy...

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