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DESMOND v. MOFFIE

No. 6839.

375 F.2d 742 (1967)

George R. DESMOND, Trustee, Plaintiff, Appellant, v. Marilyn J. MOFFIE, Defendant, Appellee.

United States Court of Appeals First Circuit.

April 13, 1967.

Attorney(s) appearing for the Case

George R. Desmond, Framingham, Mass., for appellant.

Leonard M. Salter, Boston, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

In this action plaintiff trustee in bankruptcy seeks to set aside as fraudulent a conveyance of certain Massachusetts real estate made by the bankrupt to his wife in January 1962. The suit, which was commenced on August 22, 1966,1 is based on Section 70(e) of the Bankruptcy Act.2 Under this section a trustee in bankruptcy stands in the shoes of a creditor who has a provable claim and...

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