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B. F. AVERY AND SONS COMPANY v. DAVIS

No. 15578.

226 F.2d 942 (1955)

B. F. AVERY AND SONS COMPANY, Appellant, v. J. Alvan DAVIS, as Trustee in Bankruptcy of Alaga Tractor Company, a partnership composed of I. P. Hammond and F. H. Templeton, Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 28, 1955.

Attorney(s) appearing for the Case

Leonard Farkas, Farkas, Landau & Davis, Albany, Ga., for appellant.

Theo. J. McGee, William S. Cain, J. Madden Hatcher, Columbus, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and CAMERON, Circuit Judges.

HUTCHESON, Chief Judge.

Brought by the trustee in bankruptcy of Alaga Tractor Company, a partnership composed of I. P. Hammond and F. H. Templeton, bankrupt, against Avery and Sons, a supplier of farm machinery and equipment, the suit had for its object the setting aside of a transfer made by the bankrupt to Avery within four months of bankruptcy in cancellation of the indebtedness due by it for farm machinery and equipment...

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