MALEY v. CARROLL

No. 23472.

381 F.2d 147 (1967)

James E. MALEY, Trustee in Bankruptcy of Dutch Oven Bakeries, Inc., Bankrupt, Appellant, v. W. E. CARROLL, Appellee.

United States Court of Appeals Fifth Circuit.

July 31, 1967.


Attorney(s) appearing for the Case

Morris W. Macey, Samuel J. Zusmann, Jr., for appellant.

Nolan B. Harmon, Atlanta, Ga., for amicus curiae, National Acceptance Co. of America.

John L. Westmoreland, Jr., Lynwood A. Maddox, Marie Leachman, Atlanta, Ga., for appellee.

Before BROWN, Chief Judge, and GOLDBERG and AINSWORTH, Circuit Judges.


GOLDBERG, Circuit Judge:

This case arises out of an attempt — blocked by the district court, whom we affirm — of the trustee in bankruptcy to attack the ordinary sale of a going business by its owner to a new corporation. The trustee seeks to besmirch the sale, four years after it took place, with weightless assumptions and paper-weight conclusions, to "avoid" it under § 70e of the Bankruptcy Act, and to reap the price paid to the former owner for...

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