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McKEE v. HOOD

No. 19548.

312 F.2d 394 (1963)

Leo P. McKEE, as Trustee of the Estate of Seaboard Glass Co., Bankrupt, Appellant, v. Sidney F. HOOD, Roger Sefton, and First National Bank in Fort Lauderdale, Appellees.

United States Court of Appeals Fifth Circuit.

January 9, 1963.

Attorney(s) appearing for the Case

Paul G. Hyman, Feibelman, Friedman, Hyman & Durant, Miami, Fla., for appellant.

Samuel O. O'Bryan, Jr., Fort Lauderdale, Fla., John H. Gunn, Durand A. Holladay, Richard H. M. Swann, English, McCaughan & O'Bryan, Holladay & Swann, Miami, Fla., for appellees.

Before RIVES, CAMERON and BELL, Circuit Judges.

RIVES, Circuit Judge.

The plaintiff trustee sued the defendant Bank and the defendants Hood and Sefton seeking to recover preferential transfers under Section 60 of the Bankruptcy Act, 11 U.S.C.A. § 96. The district court entered summary judgments for the defendants, and the plaintiff appeals.

The following facts were stipulated:

"A. On July 28, 1960, an involuntary petition in bankruptcy was filed against Seaboard Glass Co., and on August 9...

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