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BAYLISS v. ROOD

No. 13212.

424 F.2d 142 (1970)

J. M. Howard BAYLISS, Appellant, v. Norman E. ROOD, Trustee in Bankruptcy, Appellee. In the Matter of WEST VIRGINIA INDUSTRIES DEVELOPMENT CORPORATION, a West Virginia corporation, Bankrupt.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1970.

Attorney(s) appearing for the Case

Paul N. Bowles, Charleston, W. Va. (Stone, Bowles, Kauffelt & McDavid, Charleston, W. Va., on the brief), for appellant Bayliss.

Robert H. Burford, Huntington, W. Va., for petitioner Rood.

Raymond D. Battocchi, Atty., Civil Division, Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., Robert V. Zener, Atty., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on the brief), for respondent Small Business Administration.

Paul M. Friedberg, Charleston, W. Va., on the brief for respondent B & L Furniture Co.

Before BOREMAN, BRYAN and BUTZNER, Circuit Judges.

BOREMAN, Circuit Judge:

The sole appellant, J. M. Howard Bayliss, appeals from the judgment of the district court, which essentially approved and affirmed the holding by the Referee in Bankruptcy (hereafter Referee) that Bayliss and one Rolfe Lee were obligated to the Trustee in Bankruptcy (hereafter Trustee) in the amount of $77,266.50 plus interest,1 representing funds improperly withdrawn from the now bankrupt West Virginia Industries...

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