MARSHALL v. SHOWALTER

No. 8578.

375 F.2d 529 (1967)

In the Matter of Everette Marshall, Alleged Bankrupt. Everette MARSHALL, Appellant, v. Earl SHOWALTER, Jr., d.b.a. Showalter Custom Service, Valley Concrete Company and W. F. Woodside, d.b.a. Woodside Seed Growers, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 19, 1967.


Attorney(s) appearing for the Case

Haskell, Helmick, Carpenter & Evans and Forrest E. Good, Denver, Colo., for appellant.

Rexford L. Mitchell, Rocky Ford, Colo., and David A. Gushurst, La Junta, Colo., for appellees.

Before BREITENSTEIN and SETH, Circuit Judges, and KERR, District Judge.


KERR, District Judge.

In this appeal, Everette Marshall, the bankrupt, challenges the decision of the District Court affirming the Order of the Referee in Bankruptcy by which appellant was adjudicated a bankrupt.1 The case involves the construction of Sections 3(a) (1) and 67 of the Bankruptcy Act, defining what constitutes an act of bankruptcy and what amounts to insolvency.

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