Fidelity Nat. Bank & Trust Co. v. Kansas Telephone Co.

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, hut affirmatively alleges facts which negative such right, an order will he entered denying the claim of preference or priority, hut allowing the amount as a common claim.

Stripped of its legal conclusions, it appears that the claimant, Jester, is and was at all times here involved, the…