ENGLISH v. UNIVERSAL CIT CREDIT CORPORATION

No. 18013.

278 F.2d 750 (1960)

James J. ENGLISH, as Trustee in Bankruptcy of the Estate of Russell E. Lowell, Inc., Appellant, v. UNIVERSAL CIT CREDIT CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1960.


Attorney(s) appearing for the Case

B. F. Paty, Jr., Andrew F. O'Connell, Paty & Downey, West Palm Beach, Fla., for appellant.

James A. Dixon, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.


HUTCHESON, Circuit Judge.

This is an appeal from a judgment in favor of defendant, refusing plaintiff's demand to set aside a transfer as a voidable preference within the meaning of Section 60 of the Federal Bankruptcy Act, 11 U.S.C.A. § 96.

In his complaint plaintiff alleged: that he was Trustee in Bankruptcy of the Estate of Russell E. Lowell, Inc., a Florida corporation; that a petition in involuntary bankruptcy was filed against it on April 30, 1958...

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