DUDLEY v. EBERLY

Civ. No. 61-25.

201 F.Supp. 728 (1962)

Frank A. DUDLEY, as Trustee of the Estate of DuVall's Inc., Bankrupt, Plaintiff, v. Edwin C. EBERLY and Elsie Eberly, husband and wife, Defendants.

United States District Court D. Oregon.

January 3, 1962.


Attorney(s) appearing for the Case

F. Brock Miller, Boyrie & Miller, Portland, Or., for plaintiff.

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


KILKENNY, District Judge.

Plaintiff asks that the Court declare a certain transaction between the Bankrupt and defendants to be a preferential transfer voidable under 11 U.S.C.A. § 96 (Section 60 of the Bankruptcy Act).

On and prior to October 9, 1957, defendants operated a variety store at Burns, Oregon, and on said date sold and transferred the assets of said store, including a floating stock of merchandise, to the Bankrupt, then known as Eberly's,...

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