IN RE SMITH

No. 26931.

205 F.Supp. 30 (1962)

In the Matter of John W. SMITH and Mary Ann Smith, individually and jointly, Bankrupt.

United States District Court E. D. Pennsylvania.

May 12, 1962.


Attorney(s) appearing for the Case

Rhoda, Stoudt & Bradley, by D. Frederick Muth, Reading, Pa., for trustee.

Morgan, Lewis & Bockius, by Alan L. Reed, Philadelphia, Pa., for petitioner.


WOOD, District Judge.

This is a petition to review an order of the Referee in Bankruptcy dismissing the reclamation petition of Bender and Shoemaker. The Referee held that petitioner's security interest in certain air conditioning and heating equipment was voidable by the Trustee as a preferential transfer under Section 60, sub. b of the Bankruptcy Act.

The undisputed facts are set forth in the petitioner's brief as follows: On September 20, 1960, the bankrupts...

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