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WAGES v. WEINER

No. 23870.

381 F.2d 667 (1967)

D. L. WAGES, Appellant, v. Beryl WEINER, as Trustee for Bennett's Twin Oaks Pharmacy, Inc., Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

June 19, 1967.

Attorney(s) appearing for the Case

Martin McFarland, Atlanta, Ga., Murphy, McFarland & Turoff, Atlanta, Ga., of counsel, for appellant.

Samuel J. Zusmann, Jr., Lipshutz, Macey, Zusmann & Sikes, Morris W. Macey, Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.

TUTTLE, Chief Judge:

This is an appeal from the judgment of the District Court denying a petition for review of the order of the Referee in Bankruptcy disallowing a $60,000 claim of appellant as a secured debt against the trustee in bankruptcy of Bennett Twin Oaks Pharmacy, Inc.

Bennett's was adjudicated a bankrupt on December 24, 1964. The claim of D. L. Wages, the appellant, which is in issue here, was based upon...

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