BLUE RIDGE LUMBER PRODUCTS v. NELSON

No. 246, Docket 23035.

213 F.2d 451 (1954)

BLUE RIDGE LUMBER PRODUCTS, Inc. v. NELSON. In re ABBOTT LUMBER CO., Inc.

United States Court of Appeals Second Circuit.

Decided June 4, 1954.


Attorney(s) appearing for the Case

Ralph R. Repass, Marion, Va., for appellant, Blue Ridge Lumber Products, Inc.; Dudley, Stowe & Sawyer, Thomas A. Campbell, Buffalo, N. Y., of counsel.

Saperston, McNaughtan & Saperston, Buffalo, N. Y., for appellee, Walter Nelsen, trustee in bankruptcy of Abbott Lumber Co., Inc.; Harry H. Wiltse, Buffalo, N. Y., of counsel.

Before CHASE, Chief Judge, and HINCKS and HARLAN, Circuit Judges.


PER CURIAM.

The issues are whether the court had summary jurisdiction to determine whether the appellant had a valid lien on certain property of the bankrupt and, if so, whether its holding that the claimed lien was invalid was erroneous.

The pertinent findings of the referee, which were approved by the court on adequate supporting evidence, are that on April 24, 1952, the Abbott Lumber Co., Inc., a New York corporation, transferred all its assets to the appellee...

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