BONHIVER v. AFFILIATED COMPANIES OF AMERICA

No. 71-1105.

447 F.2d 108 (1971)

Homer A. BONHIVER, Receiver of American Allied Insurance, Plaintiff-Appellant, v. AFFILIATED COMPANIES OF AMERICA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 9, 1971.


Attorney(s) appearing for the Case

David M. Kendall, Jr., Dallas, Tex., Woodruff, Kendall & Smith, Dallas, Tex., of counsel, for plaintiff-appellant.

Timothy E. Kelley, Bennett W. Cervin, Thompson, Knight, Simmons & Bullion, Dallas, Tex., for defendants-appellees.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.


SIMPSON, Circuit Judge:

The Receiver of a Minnesota corporation brought a creditor's action below against the alleged recipients of fraudulent transfers of funds and property. Following a non-jury trial the lower court dismissed the action, holding that the applicable statute of limitations had run and that the transfers which formed the basis for the suit were not fraudulent.

On March 7, 1968, the appellant Homer A. Bonhiver (Bonhiver), Receiver of American...

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