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MANSELL v. CARROLL

Nos. 8838-8841.

379 F.2d 682 (1967)

Bobby MANSELL and Delores K. Mansell, Appellants, v. V. H. CARROLL, Trustee in Bankruptcy of Bobby Howard Jones, d/b/a Gate 3 Furniture Company, Appellee. V. H. CARROLL, Trustee in Bankruptcy of Bobby Howard Jones, d/b/a Gate 3 Furniture Company, Cross-Appellant, v. Bobby MANSELL and Delores K. Mansell, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

June 23, 1967.

Attorney(s) appearing for the Case

Submitted on briefs by Ralph W. Newcombe of Newcombe, Redman & Doolin, Lawton, Okl., for appellants and cross-appellees.

Submitted on brief by Norman E. Reynolds of Reynolds & Ridings, Oklahoma City, Okl., for appellee and cross-appellant.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

Appellee, as trustee in bankruptcy, brought this equitable plenary action against appellants to set aside a conveyance and mortgage of real property as fraudulent and preferential under the Bankruptcy Act and the Oklahoma Statutes. Appellants have appealed from an adverse judgment setting aside the conveyance and mortgage and appellee has cross-appealed from the trial court's refusal to permit him to recover damages for the use and possession...

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