AMERICAN MANNEX CORPORATION v. HUFFSTUTLER

No. 20786.

329 F.2d 449 (1964)

AMERICAN MANNEX CORPORATION, Appellant, v. Joe D. HUFFSTUTLER, Trustee for Trice Production Company, Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

March 26, 1964.


Attorney(s) appearing for the Case

Newton M. Crain, Jr., Blades, Crain, Slator & Winters, Houston, Tex., for appellant.

F. Lee Lawrence, Tyler, Tex., Lawrence & Lawrence, Tyler, Tex., of counsel, for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and CHRISTENBERRY, District Judge.


JOHN R. BROWN, Circuit Judge:

This case raises the frequent, much litigated and occasionally difficult question of when a summary proceeding by the Bankruptcy Court is proper in seeking the return of property to the bankrupt estate. The District Court held, in effect, that a plenary action was not necessary because on the facts revealed in the hearing the respondent-appellant did not have more than a colorable claim to the property. Consequently, the District Judge...

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