EBERLY v. DUDLEY

No. 17758.

314 F.2d 8 (1962)

Edwin C. EBERLY and Elsie Eberly, Husband and Wife, Appellants, v. Frank A. DUDLEY, as Trustee of the Estate of DuVall's, Inc., Bankrupt, Appellee.

United States Court of Appeals Ninth Circuit.

December 11, 1962.


Attorney(s) appearing for the Case

S. J. Bischoff, Portland, Or., and Pat H. Donegan, Burns, Or., for appellants.

Boyrie & Miller, F. Brock Miller and Boyd J. Long, Portland, Or., for appellee.

Before CHAMBERS, MAGRUDER and HAMLEY, Circuit Judges.


HAMLEY, Circuit Judge.

This is an action by a trustee in bankruptcy to recover the value of property alleged to have been received by defendants as a preferential transfer, voidable under section 60 of the Bankruptcy Act (Act), 11 U.S.C. § 96. Judgment in the sum of $17,000 was entered for plaintiff and defendants appeal.

The district court found and concluded that there was a transfer by the bankrupt to appellants...

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