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TEXTILE BANKING COMPANY v. WIDENER

No. 7783.

265 F.2d 446 (1959)

TEXTILE BANKING COMPANY, Inc., Appellant and Cross-Appellee, v. H. E. WIDENER, Jr., Trustee of Lincoln Industries, Incorporated, Bankrupt, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 12, 1959.

Rehearing Denied May 12, 1959.

Attorney(s) appearing for the Case

John Miles Keefe, New York City (Penn, Stuart & Phillips, Abingdon, Va., on brief), for appellant and cross-appellee.

H. E. Widener, Jr., Bristol, Va., for appellee and cross-appellant.

Before HAYNSWORTH, Circuit Judge, and PAUL and BOREMAN, District Judges.

PAUL, District Judge.

This case involves the distribution of some of the assets of Lincoln Industries, Inc., Bankrupt, as determined by an order of the District Court entered September 4, 1958. The bankrupt was a manufacturer of furniture and will be referred to as the bankrupt or as Lincoln. We have before us cross-appeals; one by a creditor, Textile Banking Company, Inc. (hereinafter referred to as Textile) and one by H. E. Widener, Jr., Trustee in Bankruptcy (hereinafter...

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