ROBERTS v. NORRELL

Civ. A. No. 1199.

212 F.Supp. 897 (1963)

Oscar W. ROBERTS, Jr., Trustee in Bankruptcy, Plaintiff, v. M. J. NORRELL, Defendant.

United States District Court N. D. Alabama, E. D.

January 14, 1963.


Attorney(s) appearing for the Case

Clinton J. Morgan, of Rogers, Magruder, Hoyt, Wright & Walther, Rome, Ga., and Lybrand, Sides & Casey, Anniston, Ala., for plaintiff.

Merrill, Merrill, Vardaman & Williams, Anniston, Ala., for defendant.


LYNNE, Chief Judge.

This suit is by a trustee in bankruptcy to recover the fair market value of thirteen motor vehicles sold prior to their bankruptcy by Owell Foster and Dewey E. Walls, doing business as Foster-Walls Motor Company, a partnership, to the defendant, M. J. Norrell, contending in the alternative that such sale constituted a fraudulent transfer under the provisions of either Section 70, sub. e or Section 67, sub. d(3) of the Bankruptcy Act, 11 U.S.C.A...

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