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PHILLIPS v. WIER

No. 20601.

328 F.2d 368 (1964)

H. A. PHILLIPS, Trustee in Bankruptcy, Appellant, Appellee, v. Joe R. WIER and Lucien Hugh Cullen, et al., Appellees, Appellants. Joe R. WIER and Lucien Hugh Cullen, Appellants, Appellees, v. H. A. PHILLIPS, Trustee in Bankruptcy, Appellee, Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 30, 1964.

Attorney(s) appearing for the Case

Joel W. Cook, Houston, Tex., for appellant Phillips.

Thad Grundy, Hutcheson, Taliaferro & Hutcheson, Houston, Tex., for appellants Joe R. Wier and Lucien Hugh Cullen.

Dave McNeill, Jr., Houston, Tex., Vinson, Elkins, Weems & Searls, Houston, Tex., for appellees East End State Bank and Cecil R. Haden.

Arthur L. Forbes, Houston, Tex., for appellee, Forbes.

Before TUTTLE, Chief Judge, and HUTCHESON and GEWIN, Circuit Judges.

TUTTLE, Chief Judge:

In this action H. A. Phillips, Trustee in Bankruptcy of Gulf States Hospital Supply, Inc., a Texas corporation, seeks to recover the claimed value of property allegedly acquired by Joe R. Wier, an officer and director of the bankrupt, in a fraudulent, indirect transfer from the bankrupt. Wier and Lucien Hugh Cullen, also an officer and director of the bankrupt, appeal the judgment of the trial court awarding $15,000 damages against them. The Trustee...

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