v0810-729

1

No. 2254

In the United States

Circuit Court of Appeals

For the Ninth Circuit

1. 1. HERRON COMPANY, a corpora-

tion,

Appellant,

vs.

WILLIAM H. MOORE .IR., Trustee in,

Bankruptcy of the Cleveland Oil Com-

pany, a corporation,

Appellee.

REPLY BRIEF OF THE R. H. HERRON COM-

PANY, CLAIMANT AND APPELLANT.

RESPONDENT HAS FAILED TO SHOW THAT

THE PAYMENTS CONSTITUTED

PREFERENCES.

Counsel in their reply brief first assert that the

findings of the Referee to the effect that at the time

the payments were made was insolvent was suffic-

iently supi)()rted by the evidence. After a review

of the testimony they say (page 7) "It can hardly

"be contended that these assets out of which the

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