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B-W ACCEPTANCE CORPORATION v. COLLEY

No. 5777.

256 F.2d 937 (1958)

B-W ACCEPTANCE CORPORATION, Appellant, v. R. P. COLLEY, Trustee in Bankruptcy of Shafer Tire and Appliance Center, a co-partnership consisting of Bill L. Shafer, Jack A. Shafer, and Jack J. McKenna, Bankrupt, Appellee. In the Matter of Bill L. SHAFER, Jack A. Shafer, and Jack J. McKenna, individually, and as co-partners, trading under the firm name of Shafer's Tire and Appliance Center, Bankrupt.

United States Court of Appeals Tenth Circuit.

June 5, 1958.

Attorney(s) appearing for the Case

James H. Harrod, Oklahoma City, Okl., for appellant.

Joe N. Shidler, Tulsa, Okl. (Wm. J. Threadgill, Tulsa, Okl., was with him on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

PHILLIPS, Circuit Judge.

Prior to May 1, 1957, Bill L. Shafer, Jack A. Shafer, and Jack J. McKenna, individuals and copartners, trading under the name of Shafer's Tire and Appliance Center, were adjudicated bankrupts. They are hereafter referred to as Shafer.

R. P. Colley is the duly appointed, qualified and acting trustee of Shafer.

The Borg-Warner Corporation is the manufacturer of Norge products. Borg-Warner Acceptance Corporation

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