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IN RE INVESTMENT BANKERS, INC.

No. 92-1121.

4 F.3d 1556 (1993)

In re INVESTMENT BANKERS, INC., Debtor. James H. TURNER, Trustee, Plaintiff-Appellee, v. DAVIS, GILLENWATER & LYNCH; Gilbert K. Davis, individually and as a partner of Davis, Gillenwater & Lynch, a partnership, Defendants-Appellants, and O'Connor & Hannan, a partnership, Defendant. Securities Investor Protection Corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

September 17, 1993.

Attorney(s) appearing for the Case

Maria J. Flora and Adrienne H. Benavidez, Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, CO (on the brief), for appellee James H. Turner, Trustee.

Josephine Wang, Associate Gen. Counsel, Securities Investor Protection Corp., Washington, DC (Theodore H. Focht, Gen. Counsel, and Michael E. Don, Deputy Gen. Counsel, with him, on the brief) for appellee Securities Investor Protection Corp.

Robert T. Copeland of Copeland, Molinary & Bieger, Abingdon, VA (George H. Vaught, Denver, CO, and Gilbert K. Davis, pro se, Vienna, VA, with him, on the brief) for defendants/appellants.

Before BRORBY, Circuit Judge; BARRETT, Senior Circuit Judge, and EBEL, Circuit Judge.

EBEL, Circuit Judge.

The appellee/trustee, James H. Turner, was appointed as the trustee for the debtor, Investment Bankers, Inc. ("IBI"), pursuant to a liquidation proceeding commenced under the Securities Investor Protection Act ("SIPA"), 15 U.S.C. § 78aaa et seq. The trustee subsequently commenced this action in the bankruptcy court against the defendants/appellants, Davis, Gillenwater & Lynch and Gilbert K. Davis, to recover payments of $11,858 and $25...

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