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ALLEN v. LOKEY

No. 19389.

307 F.2d 353 (1962)

Scott W. ALLEN, Jr., Appellant, v. Charles M. LOKEY, Trustee, Appellee.

United States Court of Appeals Fifth Circuit.

August 31, 1962.

Attorney(s) appearing for the Case

Harold Karp, Carpenter, Karp & Mathews, Atlanta, Ga., for appellant, Scott W. Allen, Jr.

William H. Izlar, Jr., Atlanta, Ga., Charles L. Gowen, Brunswick, Ga., M. H. Blackshear, Jr., Atlanta, Ga., King & Spalding, Atlanta, Ga., of counsel, for appellee.

Before BROWN and WISDOM, Circuit Judges, and AINSWORTH, District Judge.

WISDOM, Circuit Judge.

The narrow question this appeal presents is whether Scott Allen, the appellant, conveyed a thirty-foot Chris Craft motor boat to the Capitol Tobacco Company, Inc., now in bankruptcy. The question arose as a result of the trustee in bankruptcy of Capitol Tobacco petitioning the referee for authority to sell the boat, which was deteriorating rapidly and was subject to a lien for dockage and repairs. The referee issued an order for all parties...

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