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JORDAN v. HAMLETT

No. 19868.

312 F.2d 121 (1963)

Austin JORDAN and United States of America, Appellants, v. R. C. HAMLETT et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 9, 1963.

Attorney(s) appearing for the Case

Albert W. Copeland, Montgomery, Ala., Lee A. Jackson, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Frederick E. Youngman and Joseph Kovner, Attys., Dept. of Justice, Washington, D. C., Ben Hardeman, U. S. Atty. (Godbold, Hobbs & Copeland, Montgomery, Ala., of counsel), for appellant.

Henry E. Simpson, Charles B. Robinson, Birmingham, Ala., Jack Crenshaw, Warren S. Reese, Jr., Montgomery, Ala., Robert C. Garrison, A. Berkowitz, Birmingham, Ala., Fred S. Ball, Montgomery, Ala. (Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel), for appellee.

Before RIVES, JONES, and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

Appellant Jordan was adjudicated a bankrupt on an involuntary petition. The sole asset in the estate was an Alabama motor carrier certificate of convenience and necessity granting the bankrupt, under the laws of Alabama, the right to engage in business as a common carrier for hire between designated points within that state. The trustee in bankruptcy sold the certificate for $40,000 and obtained...

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