KYLE v. STEWART

No. 22321.

360 F.2d 753 (1966)

K. D. KYLE, Appellant, v. Ernest L. STEWART, Trustee of P & M Manufacturing Co., Inc., Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1966.


Attorney(s) appearing for the Case

John P. Corcoran, Jr., William E. Henson, Jr., Tampa, Fla., for appellant.

John R. Trinkle, Jr., Tampa, Fla., Allen, Dell, Frank & Trinkle, Tampa, Fla., of counsel, for appellee.

Before PHILLIPS, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

This case presents again the frequent problem of summary jurisdiction versus a plenary suit in a Trustee's efforts to recover property (or proceeds) of the Bankrupt Estate. Kyle, the Respondent-Appellant, was a principal stockholder, the executive vice-president, and a director of the corporate Bankrupt and received the properties in question as a result of a prebankruptcy liquidation agreement executed by all of the three stockholders...

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