LEVINE v. JOHNSON

No. 18287.

287 F.2d 623 (1961)

David LEVINE and Lillian Levine, his wife, Appellants, v. Alfred JOHNSON, as Trustee in Bankruptcy, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 30, 1961.


Attorney(s) appearing for the Case

J. M. Flowers, Miami, Fla., for appellants.

J. Leo McShane, Miami, Fla., for appellee.

Before JONES and BROWN, Circuit Judges, and CARSWELL, District Judge.


CARSWELL, District Judge.

Appellants were officers and directors of a bankrupt corporation. The appellee, as trustee in original action, alleged that prior to filing of voluntary petition in bankruptcy, the corporation, through appellants, transferred $21,468.55 in cash and equipment to the appellants personally and that this action was condemned by Florida Statutes, § 608.55, F.S.A., and, consequently, the provisions of 11 U.S.C.A. § 110, sub. e(1) renders...

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