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SHAW v. WALTER E. HELLER & COMPANY

No. 24105.

385 F.2d 353 (1967)

Charles C. SHAW, as Trustee in Bankruptcy of Bemporad Carpet Mills, Inc., Bankrupt, Appellant, v. WALTER E. HELLER & COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 27, 1967.

Attorney(s) appearing for the Case

Clinton J. Morgan, Rome, Ga., for appellant.

Chas. L. Gowen, William H. Izlar, Jr., Atlanta, Ga., Michael J. Freed, Chicago, Ill., King & Spalding, Atlanta, Ga., A. Bruce Schimberg, Leibman, Williams, Bennett, Baird & Minow, Greenberger, Krauss & Jacobs, Chicago, Ill., of counsel, for appellee.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.

Rehearing En Banc Denied November 27, 1967.

JOHNSON, District Judge:

Appellant, trustee in bankruptcy of Bemporad Carpet Mills, Inc., was denied relief by the district court in his plenary action to recover certain transfers made by the bankrupt to the appellee, Walter E. Heller & Company, which transfers were alleged to be either voidable preferences under Section 60a of the Bankruptcy Act or fraudulent under the provisions of Section 67d(2). The district...

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