LA ROSE v. CASHIO

No. 20775.

330 F.2d 269 (1964)

Erwin A. LA ROSE, Trustee in Bankruptcy of O. K. Sharp, Appellant, v. Anthony (Tony) CASHIO and C & S Surplus Materials Company, Appellees.

United States Court of Appeals Fifth Circuit.

April 8, 1964.


Attorney(s) appearing for the Case

Franz Joseph Baddock, Baton Rouge, La., for appellant.

Samuel Cashio, Baton Rouge, La., for appellees.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.


RIVES, Circuit Judge:

Relying on section 70e(1) of the Bankruptcy Act,1 the plaintiff trustee in bankruptcy of O. K. Sharp sued the defendants, now appellees, for money transferred by the debtor without consideration within one year prior to bankruptcy. The only disputed question of fact was whether the transfer was one "made or incurred without fair consideration" within the meaning of section 67(d) (2) of the Act, subsections (a) and...

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