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TINNEY PRODUCE COMPANY v. PHILLIPS

No. 26223.

415 F.2d 511 (1969)

TINNEY PRODUCE COMPANY, Inc., et al., Appellants, v. H. A. PHILLIPS, Trustee in Bankruptcy for Tinney Produce Company, Inc., Bankrupt, Appellee. H. A. PHILLIPS, Trustee in Bankruptcy for Tinney Produce Company, Inc., Bankrupt, Appellant, v. TINNEY PRODUCE COMPANY, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 19, 1969.

Attorney(s) appearing for the Case

William J. Knight, Houston, Tex., Bennett B. Patterson, and Patterson, McDaniel, Moore & Browder, Houston, Tex., for appellants Tinney Produce Co., Inc. and others.

Thad Grundy, Hutcheson, Taliaferro & Grundy, Houston, Tex., for appellee, H. A. Phillips, trustee.

Before TUTTLE and GEWIN, Circuit Judges and PITTMAN, District Judge.

TUTTLE, Circuit Judge:

This case has previously been before this court on the sole question of whether the appellant Ned Gill impliedly consented to summary jurisdiction of the Referee in Bankruptcy to cancel and set aside certain allegedly fraudulent or preferential transfers made to Gill by the bankrupt, Tinney Produce Co., Inc. (5 Cir., 1964) 337 F.2d 258. Subsequent to that decision, favoring Gill, the matter came to trial on...

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