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BRUNSWICK CORPORATION v. CLEMENTS

No. 19689.

424 F.2d 673 (1970)

BRUNSWICK CORPORATION, Plaintiff-Appellee, v. Howell W. CLEMENTS, Trustee In Bankruptcy for Olympic Lanes, Inc., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

April 17, 1970.

Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., for defendant-appellant.

James F. Turner, Chattanooga, Tenn., on the brief; Turner & Davis, Chattanooga, of counsel.

Thomas S. Kale, Chattanooga, Tenn., for plaintiff-appellee; Spears, Moore, Rebman & Williams, Chattanooga, Tenn., on the brief.

Before PHILLIPS, Chief Judge and PECK and BROOKS, Circuit Judges.

BROOKS, Circuit Judge.

This is an appeal by the trustee in bankruptcy for Olympic Lanes, Inc., from an order allowing an equitable setoff. The bankrupt estate was indebted to the defendant-appellee, Brunswick Corporation, in the sum of approximately $300,000. The trustee obtained a $40,000 judgment against Brunswick for conversion and the District Court permitted this judgment to be setoff and deducted from the $300,000 indebtedness owed Brunswick. The only issue...

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