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NATIONAL BANK & TRUST COMPANY v. ALLIED SUPPLY COMPANY

No. 10430.

386 F.2d 225 (1967)

NATIONAL BANK & TRUST COMPANY, Appellant, v. ALLIED SUPPLY COMPANY and N. G. Runyan, Appellees. In the matter of Martin Robert ROMANAC, Bankrupt.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1967.

Attorney(s) appearing for the Case

Fred S. Landess, Charlottesville, Va. (Battle, Neal, Harris, Minor & Williams, Charlottesville, Va., on brief), for appellant.

Richard H. Barrick, Charlottesville, Va. (Wingfield, Barrick & St. John, Charlottesville, Va., on brief), for appellee, N. G. Runyan.

Richard S. Callaghan, Jr., Charlottesville, Va. (Taylor, Camblos, Michie & Callaghan, Charlottesville, Va., on brief), for appellee, Allied Supply Co.

Before SOBELOFF and BOREMAN, Circuit Judges, and HEMPHILL, District Judge.

BOREMAN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Western District of Virginia reversing an order of a Referee in Bankruptcy. The District Court held that the referee had an equitable duty to give to lienholders notice of any action taken by the referee which affected their perfected liens on an asset of the bankrupt estate. We affirm.

Martin Romanac, the bankrupt...

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