SHAW v. UNITED STATES RUBBER CO., NAUGATUCK CHEMICAL DIV.

No. 22837.

361 F.2d 679 (1966)

Charles C. SHAW, Trustee in Bankruptcy of Bemporad Carpet Mills, Inc., Appellant, v. UNITED STATES RUBBER COMPANY, NAUGATUCK CHEMICAL DIVISION, Appellee.

United States Court of Appeals Fifth Circuit.

May 31, 1966.


Attorney(s) appearing for the Case

Clinton J. Morgan, Rome, Ga., for appellant.

Isaac C. Adams, Dalton, Ga., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and KILKENNY, District Judge.


TUTTLE, Chief Judge.

This is an appeal from the judgment of the District Court, setting aside an order of the Referee in Bankruptcy avoiding an alleged preference in the sum of $5,655.15, paid by the bankrupt to United States Rubber Company, Naugatuck Chemical Division, within four months of bankruptcy.

The alleged preference arose by appellee's receipt, on January 6, 1964, of the proceeds of a check for the amount sued for as a payment on a past-due account...

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