IN RE APPALACHIAN PUBLISHERS

No. 13.

29 F.Supp. 1021 (1939)

In re APPALACHIAN PUBLISHERS, Inc. DUGGER v. HAMILTON NAT. BANK.

District Court, E. D. Tennessee.

September 15, 1939.


Attorney(s) appearing for the Case

Hallie K. Riner and J. Malcolm Shull, both of Elizabethton, Tenn., for plaintiff.

Cox, Taylor & Epps, of Johnson City, Tenn., for defendant.


TAYLOR, District Judge.

This case presents the sole question whether a trustee in bankruptcy may, more than two years after usurious interest was actually paid by the bankrupt, maintain a suit under Title 11, sec. 110, sub. a(6), U.S. C., 11 U.S.C.A. § 110, sub. a(6), if the adjudication was within two years of such payment.

Title 12, sec. 86, U.S.C., 12 U.S.C.A. § 86, provides: "In case the greater rate of interest has been paid, the person by whom...

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