ROONEY v. MASON

No. 9819.

394 F.2d 250 (1968)

John J. ROONEY, Trustee in the Matter of James Bernard Johnson and Dolores June Johnson, Bankrupts, Appellant, v. Thomas F. MASON and Doris G. Mason, Appellees.

United States Court of Appeals Tenth Circuit.

May 13, 1968.


Attorney(s) appearing for the Case

James P. Horiskey, Cheyenne, Wyo., for appellant.

William A. Riner, Cheyenne, Wyo., for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

This is an appeal by a trustee in bankruptcy. Suit was brought under 11 U.S.C. § 96, or § 60 of the Bankruptcy Act, to have the transfer of certain property to appellees declared a preferential transfer and thus returnable to the trustee. Judgment was denied appellant on summary judgment on the basis that appellees had a valid security interest in the property transferred to them.

It was stipulated that no dispute as to any genuine...

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